Section 13823.95 Of Chapter 3. Criminal Justice Planning From California Penal Code >> Title 6. >> Part 4. >> Chapter 3.
13823.95
. (a) No costs incurred by a qualified health care
professional, hospital, or other emergency medical facility for the
medical evidentiary examination portion of 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, shall be charged directly
or indirectly to the victim of the assault.
(b) Any victim of a sexual assault who seeks a medical evidentiary
examination, as that term is used in Section 13823.93, shall be
provided with a medical evidentiary examination. No victim of a
sexual assault shall be required to participate or to agree to
participate in the criminal justice system, either prior to the
examination or at any other time.
(c) The cost of a medical evidentiary examination performed by a
qualified health care professional, hospital, or other emergency
medical facility for a victim of a sexual assault shall be treated as
a local cost and charged to the local law enforcement agency in
whose jurisdiction the alleged offense was committed; provided,
however, that the local law enforcement agency may seek
reimbursement, as provided in subdivision (d), for the cost of
conducting the medical evidentiary examination portion of a medical
examination of a sexual assault victim who does not participate in
the criminal justice system.
(d) The amount that may be charged by a qualified health care
professional, hospital, or other emergency medical facility to
perform the medical evidentiary examination portion of a medical
examination of a victim of a sexual assault shall not exceed three
hundred dollars ($300). The Office of Emergency Services shall use
the discretionary funds from federal grants awarded to the agency
pursuant to the federal Violence Against Women and Department of
Justice Reauthorization Act of 2005 and the federal Violence Against
Women Reauthorization Act of 2013 through the federal Office of
Violence Against Women, specifically, the STOP (Services, Training,
Officers, and Prosecutors) Violence Against Women Formula Grant
Program, to cover the cost of the medical evidentiary examination
portion of a medical examination of a sexual assault victim.