SB50:v94#DOCUMENTBill Start
Amended
IN
Assembly
September 10, 2009
|
Amended
IN
Senate
May 28, 2009
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Amended
IN
Senate
April 28, 2009
|
Amended
IN
Senate
April 13, 2009
|
Amended
IN
Senate
March 16, 2009
|
|
CALIFORNIA LEGISLATURE—
2009–2010 REGULAR SESSION
Senate Bill
No. 50
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.
Digest Key
Vote:
MAJORITY
Appropriation:
NO
Fiscal Committee:
NOYES
Local Program:
NOYES
Bill Text
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.