AB 1312: Sexual assault victims: rights.

(1)Existing law grants the victim of sexual assault, as specified, the right to have a victim advocate and a support person of the victims choosing at any interview by law enforcement authorities, district attorneys, or defense attorneys. Existing law requires the law enforcement authority or district attorney, before commencing the initial interview, to notify a victim that he or she has this right.

This bill would require a law enforcement authority or district attorney to also notify the victim that he or she has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. The bill would prohibit a law enforcement official from discouraging a victim from receiving a medical evidentiary or physical examination. The bill would require every local law enforcement agency to develop a card, as specified, that explains the rights of sexual assault victims, including, among other information, a clear statement that the victim is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination in order to retain his or her rights under law. The bill would require a law enforcement official or medical provider to provide this card to the victim upon the initial interaction. The bill would also require a law enforcement official, upon written request by the victim, to furnish a copy of the initial crime report related to the sexual assault, as specified. The bill would require a prosecutor, upon written request by the victim, to provide the defendants information on a sex offender registry, if any, to the victim. The bill would specify that a victims waiver of the right to an advocate is not admissible in court, unless the waiver is at issue in the pending litigation.

(2)Existing law states the minimum standards for the examination and treatment of victims of sexual assault or attempted sexual assault, including child molestation, and the collection and preservation of evidence therefrom. Existing law requires a physician or other health care provider to give a female victim of sexual assault postcoital contraception upon the request of the victim.

This bill would require the postcoital contraception to be provided at no cost to the victim.

(3)Existing law requires a law enforcement officer assigned to an alleged violation of specified domestic violence or sexual assault crimes to provide the victim of the crime with a Victims of Domestic Violence card, as specified. Existing law requires a medical provider to notify a sexual assault victim that he or she has the right to have a sexual assault counselor and at least one other support person of his or her choosing before commencing an initial medical evidentiary or physical examination.

This bill would require a law enforcement officer assigned to an alleged violation of specified domestic violence or sexual assault crimes to also provide the victim with the card developed by local law enforcement agencies, described above, that explains the rights of sexual assault victims, if applicable. The bill would also require a medical provider to give the victim the card developed by local law enforcement agencies, described above, before the commencement of any initial medical evidentiary or physical examination arising out of a sexual assault if the law enforcement agency has provided the card to the medical provider in a language understood by the victim. The bill would require the medical provider to give the victim the opportunity to shower or bathe at no cost to the victim after the examination is conducted, unless a showering or bathing facility is not available.

(4)Existing law requires a law enforcement agency that intends to destroy or dispose of rape kit evidence or other crime scene evidence from an unsolved sexual assault case before the expiration of the statute of limitations to give written notification, as specified, to the victim of that intention.

This bill would prohibit a law enforcement agency from destroying or disposing of rape kit evidence or other crime scene evidence from an unsolved sexual assault case before at least 20 years, or if the victim was under 18 years of age at the time of the alleged offense, before the victims 40th birthday.

(5)Because this bill imposes new requirements on local entities, including, but not limited to, law enforcement agencies and local entities that provide medical services, 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 the statutory provisions noted above.