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AB-2850 California Sexual Assault Response Team (SART) Advisory Council.(2021-2022)

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Date Published: 03/24/2022 09:00 PM
AB2850:v98#DOCUMENT

Amended  IN  Assembly  March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2850

Introduced by Assembly Member Berman

February 18, 2022

An act to amend Section 13898 of add Section 13898.5 to the Penal Code, relating to sexual assault.


LEGISLATIVE COUNSEL'S DIGEST


AB 2850, as amended, Berman. County sexual assault response team (SART) program. California Sexual Assault Response Team (SART) Advisory Council.
Existing law authorizes each county to establish an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination to effectively address the problem of sexual assault. Existing law requires each SART to, among other things, evaluate the effectiveness of individual agency and interagency protocols and systems by conducting case reviews involving sexual assault.
This bill would make technical, nonsubstantive changes to those provisions. create the California Sexual Assault Response Team (SART) Advisory Council to promote swift, coordinated, competent, and efficient sexual assault intervention in every county, whose work shall be directed by a lead agency or department to be specified by the Governor. The bill would require the council to consist of representatives from specified entities, including sexual assault forensic examination teams, law enforcement agencies, county district attorneys’ offices, crime laboratories, rape crisis centers, and hospitals. The bill would establish procedures for the council and require the council to, among other things, review statewide sexual assault intervention, advise county sexual assault response team programs, and submit, beginning on November 30, 2024, a biennial report to the Governor, Legislature, relevant legislative committees, and specified state agencies.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13898.5 is added to the Penal Code, to read:

13898.5.
 (a) There is hereby created in state government the California Sexual Assault Response Team (SART) Advisory Council whose mission is to promote swift, coordinated, competent, and efficient sexual assault intervention in every county.
(b) The Governor shall designate a lead agency or department to direct the work of the council.
(c) Membership of the council shall include all of the following:
(1) One representative with decisionmaking authority from each of the following:
(A) The Department of Justice.
(B) The State Department of Public Health.
(C) The California Victim Compensation Board.
(D) The California Clinical Forensic Medical Training Center.
(2) One representative from each of the following groups, who has recognized expertise and experience working with survivors of sexual assault:
(A) A sexual assault forensic examiner team currently working in California or stakeholder organization representing the interests of California sexual assault forensic examiner teams.
(B) A local law enforcement agency in California or stakeholder organization representing the interests of California law enforcement.
(C) A county district attorney’s office in California or stakeholder organization representing the interests of California district attorneys.
(D) A state or local crime laboratory in California or stakeholder organization representing the interests of California crime laboratories.
(E) A rape crisis center in California or stakeholder organization representing the interests of California sexual assault advocacy organizations.
(F) A hospital in California where medical evidentiary examinations are performed or stakeholder organization representing the interests of medical-based settings where comprehensive health services are provided to survivors of sexual assault in California.
(d) The council may, at its discretion, invite additional stakeholders, people who have experienced sexual assault, and experts to participate in meetings or provide information to the council.
(e) (1) The members of the council shall serve three-year terms.
(2) The council shall annually select a chairperson and vice chairperson from its membership, to serve at the council’s pleasure.
(3) The council may establish committees, rules, and procedures necessary to effectively fulfill its duties.
(4) The majority of appointed members of the council shall constitute a quorum.
(5) The council shall meet quarterly but may additionally meet at other times, as needed.
(6) Members of the council may attend council meetings in person or virtually by telephone or another electronic communications method approved by the council. Virtual attendance shall be considered attendance for the purposes of constituting a quorum.
(f) The council shall review statewide sexual assault intervention undertaken by all disciplines, identify and assess systemic issues and trends in sexual assault intervention, and advise county SART programs.
(g) Beginning November 30, 2024, the council shall submit a biennial report to the Governor, relevant legislative committees, the Department of Justice, and the State Department of Public Health describing any statutory, regulatory, or budgetary changes recommended to promote a sustainable, multidisciplinary response to sexual assault. The report shall be submitted in compliance with Section 9795 of the Government Code.

SECTION 1.Section 13898 of the Penal Code is amended to read:
13898.

(a)A county may establish and implement an interagency sexual assault response team (SART) program for the purpose of providing a forum for interagency cooperation and coordination, to assess and make recommendations for the improvement of the local sexual assault intervention system, and to facilitate improved communication and working relationships to effectively address the problem of sexual assault in California.

(b)A SART program shall be established and implemented pursuant to the provisions of this chapter.