California Penal Codes

Document Sample
California Penal Codes Powered By Docstoc
					California Penal Code Section 13823.11

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 include all of the following:
  (a) Law enforcement authorities shall be notified.
  (b) In conducting the physical examination, the outline indicated
in the form adopted pursuant to subdivision (c) of Section 13823.5
shall be followed.
  (c) Consent for a physical examination, treatment, and collection
of evidence shall be obtained.
  (1) Consent to an examination for evidence of sexual assault shall
be obtained prior to the examination of a victim of sexual assault
and shall include separate written documentation of consent to each
of the following:
  (A) Examination for the presence of injuries sustained as a result
of the assault.
  (B) Examination for evidence of sexual assault and collection of
physical evidence.
  (C) Photographs of injuries.
  (2) Consent to treatment shall be obtained in accordance with
usual hospital policy.
  (3) A victim of sexual assault shall be informed that he or she
may refuse to consent to an examination for evidence of sexual
assault, including the collection of physical evidence, but that a
refusal is not a ground for denial of treatment of injuries and for
possible pregnancy and sexually transmitted diseases, if the person
wishes to obtain treatment and consents thereto.
  (4) Pursuant to Chapter 3 (commencing with Section 6920) of Part 4
of Division 11 of the Family Code, a minor may consent to hospital,
medical, and surgical care related to a sexual assault without the
consent of a parent or guardian.
  (5) In cases of known or suspected child abuse, the consent of the
parents or legal guardian is not required. In the case of suspected
child abuse and nonconsenting parents, the consent of the local
agency providing child protective services or the local law
enforcement agency shall be obtained. Local procedures regarding
obtaining consent for the examination and treatment of, and the
collection of evidence from, children from child protective
authorities shall be followed.
  (d) A history of sexual assault shall be taken.
  The history obtained in conjunction with the examination for
evidence of sexual assault shall follow the outline of the form
established pursuant to subdivision (c) of Section 13823.5 and shall
include all of the following:
  (1) A history of the circumstances of the assault.
  (2) For a child, any previous history of child sexual abuse and an
explanation of injuries, if different from that given by parent or
person accompanying the child.
  (3) Physical injuries reported.
  (4) Sexual acts reported, whether or not ejaculation is suspected,
and whether or not a condom or lubricant was used.
  (5) Record of relevant medical history.
  (e) (1) If indicated by the history of contact, a female victim of
sexual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
  (2) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.

 (f) Each adult and minor victim of sexual assault who consents to
a medical examination for collection of evidentiary material shall
have a physical examination which includes, but is not limited to,
all of the following:
  (1) Inspection of the clothing, body, and external genitalia for
injuries and foreign materials.
  (2) Examination of the mouth, vagina, cervix, penis, anus, and
rectum, as indicated.
  (3) Documentation of injuries and evidence collected.
  Prepubertal children shall not have internal vaginal or anal
examinations unless absolutely necessary. This does not preclude
careful collection of evidence using a swab.
  (g) The collection of physical evidence shall conform to the
following procedures:
  (1) Each victim of sexual assault who consents to an examination
for collection of evidence shall have the following items of evidence
collected, except where he or she specifically objects:
  (A) Clothing worn during the assault.
  (B) Foreign materials revealed by an examination of the clothing,
body, external genitalia, and pubic hair combings.
  (C) Swabs and slides from the mouth, vagina, rectum, and penis, as
indicated, to determine the presence or absence of sperm and sperm
motility, and for genetic marker typing.
  (D) If indicated by the history of contact, the victim's urine and
blood sample, for toxicology purposes, to determine if drugs or
alcohol were used in connection with the assault. Toxicology results
obtained pursuant to this paragraph shall not be admissible in any
criminal or civil action or proceeding against any victim who
consents to the collection of physical evidence pursuant to this
paragraph. Except for purposes of prosecuting or defending the crime
or crimes necessitating the examination specified by this section,
any toxicology results obtained pursuant to this paragraph shall be
kept confidential, may not be further disclosed, and shall not be
required to be disclosed by the victim for any purpose not specified
in this paragraph. The victim shall specifically be informed of the
immunity and confidentiality safeguards provided herein.
  (2) Each victim of sexual assault who consents to an examination
for the collection of evidence shall have reference specimens taken,
except when he or she specifically objects thereto. A reference
specimen is a standard from which to obtain baseline information (for
example: pubic and head hair, blood, and saliva for genetic marker
typing). These specimens shall be taken in accordance with the
standards of the local criminalistics laboratory.
  (3) A baseline gonorrhea culture, and syphilis serology, shall be
taken, if indicated by the history of contact. Specimens for a
pregnancy test shall be taken, if indicated by the history of
contact.
  (4) (A) If indicated by the history of contact, a female victim of
sexual assault shall be provided with the option of postcoital
contraception by a physician or other health care provider.
  (B) Postcoital contraception shall be dispensed by a physician or
other health care provider upon the request of the victim.
  (h) Preservation and disposition of physical evidence shall
conform to the following procedures:
  (1) All swabs and slides shall be air-dried prior to packaging.
  (2) All items of evidence including laboratory specimens shall be
clearly labeled as to the identity of the source and the identity of
the person collecting them.
  (3) The evidence shall have a form attached which documents its
chain of custody and shall be properly sealed.
  (4) The evidence shall be turned over to the proper law
California Penal Code Section 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.
  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.


California Penal Code Section 13823.5

(a) The agency or agencies designated by the Director of
Finance pursuant to Section 13820, with the assistance of the
advisory committee established pursuant to Section 13836, shall
establish a protocol for the examination and treatment of victims of
sexual assault and attempted sexual assault, including child
molestation, and the collection and preservation of evidence
therefrom. The protocol shall contain recommended methods for
meeting the standards specified in Section 13823.11.
  (b) In addition to the protocol, the agency or agencies designated
by the Director of Finance pursuant to Section 13820 shall develop
informational guidelines, containing general reference information on
evidence collection, examination of victims and psychological and
medical treatment for victims of sexual assault and attempted sexual
assault, including child molestation.
  In developing the protocol and the informational guidelines, the
agency or agencies designated by the Director of Finance pursuant to
Section 13820 and the advisory committee shall seek the assistance
and guidance of organizations assisting victims of sexual assault;
qualified health care professionals, criminalists, and administrators
who are familiar with emergency room procedures; victims of sexual
assault; and law enforcement officials.
  (c) The agency or agencies designated by the Director of Finance
pursuant to Section 13820, in cooperation with the State Department
of Health Services and the Department of Justice, shall adopt a
standard and a complete form or forms for the recording of medical
and physical evidence data disclosed by a victim of sexual assault or
attempted sexual assault, including child molestation.
  Each qualified health care professional who conducts an
examination for evidence of a sexual assault or an attempted sexual
assault, including child molestation, shall use the standard form
adopted pursuant to this section, and shall make those observations
and perform those tests as may be required for recording of the data
required by the form. The forms shall be subject to the same
principles of confidentiality applicable to other medical records.
  The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall make copies of the standard form or
forms available to every public or private general acute care
hospital, as requested.
  The standard form shall be used to satisfy the reporting
requirements specified in Sections 11160 and 11161 in cases of sexual
assault, and may be used in lieu of the form specified in Section
11168 for reports of child abuse.
  (d) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall distribute copies of the protocol and
the informational guidelines to every general acute care hospital,
law enforcement agency, and prosecutor's office in the state.
  (e) As used in this chapter, "qualified health care professional"
means a physician and surgeon currently licensed pursuant to Chapter
5 (commencing with Section 2000) of Division 2 of the Business and
Professions Code, or a nurse currently licensed pursuant to Chapter 6
(commencing with Section 2700) of Division 2 of the Business and
Professions Code and working in consultation with a physician and
surgeon who conducts examinations or provides treatment as described
in Section 13823.9 in a general acute care hospital or in a physician
and surgeon's office.


California Penal Code Section 13823.7

The protocol adopted pursuant to Section 13823.5 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 shall include provisions for all
of the following:
  (a) Notification of injuries and a report of suspected child
sexual abuse to law enforcement authorities.
  (b) Obtaining consent for the examination, for the treatment of
injuries, for the collection of evidence, and for the photographing
of injuries.
  (c) Taking a patient history of sexual assault and other relevant
medical history.
  (d) Performance of the physical examination for evidence of sexual
assault.
  (e) Collection of physical evidence of assault.
  (f) Collection of other medical specimens.
  (g) Procedures for the preservation and disposition of physical
evidence.

California Penal Code Section 1203.1b

(a) In any case in which a defendant is convicted of an
offense and is the subject of any preplea or presentence
investigation and report, whether or not probation supervision is
ordered by the court, and in any case in which a defendant is granted
probation or given a conditional sentence, the probation officer, or
his or her authorized representative, taking into account any amount
that the defendant is ordered to pay in fines, assessments, and
restitution, shall make a determination of the ability of the
defendant to pay all or a portion of the reasonable cost of any
probation supervision or a conditional sentence, of conducting any
preplea investigation and preparing any preplea report pursuant to
Section 1203.7, of conducting any presentence investigation and
preparing any presentence report made pursuant to Section 1203, and
of processing a jurisdictional transfer pursuant to Section 1203.9 or
of processing a request for interstate compact supervision pursuant
to Sections 11175 to 11179, inclusive, whichever applies. The
reasonable cost of these services and of probation supervision or a
conditional sentence shall not exceed the amount determined to be the
actual average cost thereof. A payment schedule for the
reimbursement of the costs of preplea or presentence investigations
based on income shall be developed by the probation department of
each county and approved by the presiding judge of the superior
court. The court shall order the defendant to appear before the
probation officer, or his or her authorized representative, to make
an inquiry into the ability of the defendant to pay all or a portion
of these costs. The probation officer, or his or her authorized
representative, shall determine the amount of payment and the manner
in which the payments shall be made to the county, based upon the
defendant's ability to pay. The probation officer shall inform the
defendant that the defendant is entitled to a hearing, that includes
the right to counsel, in which the court shall make a determination
of the defendant's ability to pay and the payment amount. The
defendant must waive the right to a determination by the court of his
or her ability to pay and the payment amount by a knowing and
intelligent waiver.
  (b) When the defendant fails to waive the right provided in
subdivision (a) to a determination by the court of his or her ability
to pay and the payment amount, the probation officer shall refer the
matter to the court for the scheduling of a hearing to determine the
amount of payment and the manner in which the payments shall be
made. The court shall order the defendant to pay the reasonable
costs if it determines that the defendant has the ability to pay
those costs based on the report of the probation officer, or his or
her authorized representative. The following shall apply to a
hearing conducted pursuant to this subdivision:
  (1) At the hearing, the defendant shall be entitled to have, but
shall not be limited to, the opportunity to be heard in person, to
present witnesses and other documentary evidence, and to confront and
cross-examine adverse witnesses, and to disclosure of the evidence
against the defendant, and a written statement of the findings of the
court or the probation officer, or his or her authorized
representative.
  (2) At the hearing, if the court determines that the defendant has
the ability to pay all or part of the costs, the court shall set the
amount to be reimbursed and order the defendant to pay that sum to
the county in the manner in which the court believes reasonable and
compatible with the defendant's financial ability.
  (3) At the hearing, in making a determination of whether a
defendant has the ability to pay, the court shall take into account
the amount of any fine imposed upon the defendant and any amount the
defendant has been ordered to pay in restitution.
  (4) When the court determines that the defendant's ability to pay
is different from the determination of the probation officer, the
court shall state on the record the reason for its order.
  (c) The court may hold additional hearings during the probationary
or conditional sentence period to review the defendant's financial
ability to pay the amount, and in the manner, as set by the probation
officer, or his or her authorized representative, or as set by the
court pursuant to this section.
  (d) If practicable, the court shall order or the probation officer
shall set payments pursuant to subdivisions (a) and (b) to be made
on a monthly basis. Execution may be issued on the order issued
pursuant to this section in the same manner as a judgment in a civil
action. The order to pay all or part of the costs shall not be
enforced by contempt.
  (e) The term "ability to pay" means the overall capability of the
defendant to reimburse the costs, or a portion of the costs, of
conducting the presentence investigation, preparing the preplea or
presentence report, processing a jurisdictional transfer pursuant to
Section 1203.9, processing requests for interstate compact
supervision pursuant to Sections 11175 to 11179, inclusive, and
probation supervision or conditional sentence, and shall include, but
shall not be limited to, the defendant's:
   (1) Present financial position.
   (2) Reasonably discernible future financial position. In no event
shall the court consider a period of more than one year from the
date of the hearing for purposes of determining reasonably
discernible future financial position.
   (3) Likelihood that the defendant shall be able to obtain
employment within the one-year period from the date of the hearing.
   (4) Any other factor or factors that may bear upon the defendant's
financial capability to reimburse the county for the costs.
   (f) At any time during the pendency of the judgment rendered
according to the terms of this section, a defendant against whom a
judgment has been rendered may petition the probation officer for a
review of the defendant's financial ability to pay or the rendering
court to modify or vacate its previous judgment on the grounds of a
change of circumstances with regard to the defendant's ability to pay
the judgment. The probation officer and the court shall advise the
defendant of this right at the time of rendering of the terms of
probation or the judgment.
   (g) All sums paid by a defendant pursuant to this section shall be
allocated for the operating expenses of the county probation
department.
   (h) The board of supervisors in any county, by resolution, may
establish a fee for the processing of payments made in installments
to the probation department pursuant to this section, not to exceed
the administrative and clerical costs of the collection of those
installment payments as determined by the board of supervisors,
except that the fee shall not exceed fifty dollars ($50).
   (i) This section shall be operative in a county upon the adoption
of an ordinance to that effect by the board of supervisors.


1203.1bb. (a) The reasonable cost of probation determined under
subdivision (a) of Section 1203.1b shall include the cost of
purchasing and installing an ignition interlock device pursuant to
Section 13386 of the Vehicle Code. Any defendant subject to this
section shall pay the manufacturer of the ignition interlock device
directly for the cost of its purchase and installation, in accordance
with the payment schedule ordered by the court. If practicable, the
court shall order payment to be made to the manufacturer of the
ignition interlock device within a six-month period.
  (b) This section does not require any county to pay the costs of
purchasing and installing any ignition interlock devices ordered
pursuant to Section 13386 of the Vehicle Code. The Office of Traffic
Safety shall consult with the presiding judge or his or her designee
in each county to determine an appropriate means, if any, to provide
for installation of ignition interlock devices in cases in which the
defendant has no ability to pay.

				
DOCUMENT INFO
Shared By:
Categories:
Stats:
views:194
posted:7/12/2009
language:English
pages:6