Bill Text: CA SB978 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Rape victims: local rape victim counseling centers: notice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-18 - Chaptered by Secretary of State. Chapter 136, Statutes of 2014. [SB978 Detail]

Download: California-2013-SB978-Introduced.html

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BILL NUMBER: SB 978	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 11, 2014

   An act to amend Section 264.2 of the Penal Code, relating to rape
victims.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 978, as introduced, DeSaulnier. Rape victims: local rape victim
counseling centers: notice.
   Existing law requires a law enforcement officer assigned to a
sexual assault case, or his or her agency, to immediately notify the
local rape victim counseling center, whenever a victim of an alleged
rape or an alleged violation of other specified sex crimes is
transported to a hospital for any medical evidentiary or physical
examination.
   This bill would allow the hospital to notify the local rape victim
counseling center when the victim is presented to the hospital for
the medical or evidentiary physical examination, upon approval of the
victim.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 264.2 of the Penal Code is amended to read:
   264.2.  (a) Whenever there is an alleged violation or violations
of subdivision (e) of Section 243, or Section 261, 261.5, 262, 273.5,
286, 288a, or 289, the law enforcement officer assigned to the case
shall immediately provide the victim of the crime with the "Victims
of Domestic Violence" card, as specified in subparagraph (G) of
paragraph (9) of subdivision (c) of Section 13701.
   (b) (1) The law enforcement officer, or his or her agency, shall
immediately notify the local rape victim counseling center, whenever
a victim of an alleged violation of Section 261, 261.5, 262, 286,
288a, or 289 is transported to a hospital for any medical evidentiary
or physical examination.  The hospital may notify the local rape
victim counseling center, when the victim of the alleged violation
of Section 261, 261.5, 262, 286, 288a, or 289 is presented to the
hospital for the medical or evidentiary physical examination, upon
approval of the victim.  The victim  shall have
  has  the right to have a sexual assault
counselor, as defined in Section 1035.2 of the Evidence Code, and a
support person of the victim's choosing present at any medical
evidentiary or physical examination.
   (2) Prior to the commencement of any initial medical evidentiary
or physical examination arising out of a sexual assault, a victim
shall be notified orally or in writing by the medical provider that
the victim has the right to have present a sexual assault counselor
and at least one other support person of the victim's choosing.
   (3) The hospital may verify with the law enforcement officer, or
his or her agency, whether the local rape victim counseling center
has been notified, upon the approval of the victim.
   (4) A support person may be excluded from a medical evidentiary or
physical examination if the law enforcement officer or medical
provider determines that the presence of that individual would be
detrimental to the purpose of the examination.