Bill Text: CA SB50 | 2009-2010 | Regular Session | Amended

California Senate Bill 50 (Prior Session Legislation)

Bill Title: Victims of sexual assault.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2009-09-10 - From committee with author's amendments. Read second time. Amended. Re-referred to Com. on PUB. S. [SB50 Detail]

Download: California-2009-SB50-Amended.html

BILL NUMBER: SB 50	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 10, 2009
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  APRIL 28, 2009
	AMENDED IN SENATE  APRIL 13, 2009
	AMENDED IN SENATE  MARCH 16, 2009

INTRODUCED BY   Senator Corbett

                        JANUARY 13, 2009

   An act to amend Section 13823.95 of the Penal Code, relating to
victims of sexual assault.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 50, as amended, Corbett. Victims of sexual assault.
   Existing law provides that no costs incurred by a qualified health
care professional, hospital, or other emergency medical facility for
the examination of the victim of a sexual assault for the purposes
of gathering evidence for possible prosecution shall be charged
directly or indirectly to the victim of the assault. Existing law
provides that the law enforcement agency in the jurisdiction in which
the alleged sexual assault was committed which requests the
examination has the option of determining whether or not the
examination will be performed in the office of a physician and
surgeon  , and that local jurisdiction shall bear those costs
 . 
   The bill would delete the provisions giving that law enforcement
agency the option of determining whether or not the examination will
be performed in the office of a physician and surgeon.  

   This bill would provide that victims of sexual assault are not
required to participate in the criminal justice system or cooperate
with law enforcement in order to be provided with a forensic medical
exam. Because this bill would expand a victim's right to a medical
exam paid for by a local agency, it would impose a state-mandated
local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
 yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13823.95 of the Penal Code is amended to read:
   13823.95.  No costs incurred by a qualified health care
professional, hospital, or other emergency medical facility for the
examination of the victim of a sexual assault, as described in the
protocol developed pursuant to Section 13823.5, when the examination
is performed, pursuant to Sections 13823.5 and 13823.7, for the
purposes of gathering evidence for possible prosecution, shall be
charged directly or indirectly to the victim of the assault. Those
costs shall be treated as local costs and charged to the local
governmental agency in whose jurisdiction the alleged offense was
committed.
   Bills for these costs shall be submitted to the law enforcement
agency in the jurisdiction in which the alleged offense was committed
which requests the examination. 
   Victims of sexual assault are not required to participate in the
criminal justice system or cooperate with law enforcement in order to
be provided with a forensic medical exam.  
   The law enforcement agency in the jurisdiction in which the
alleged offense was committed which requests the examination has the
option of determining whether or not the examination will be
performed in the office of a physician and surgeon. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.