AB 334 — Sexual assault.
Last action — In committee: Set, first hearing. Hearing canceled at the request of author.
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✓Introduced
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✓In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Existing law provides that in a civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of within 3 years from the date of the last act of domestic violence by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant against the plaintiff. This bill would set the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, where the assault occurred on or after the plaintiff's 18th birthday, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff. Existing law establishes 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 from those crimes. This bill, among other changes, would make changes relating to the conduct of sexual assault examinations. Existing law prohibits 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 a specified protocol, when the examination is performed as specified, from being charged directly or indirectly to the victim of the assault. Existing law limits 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 to $300. This bill would make that prohibition on charging a victim of sexual assault applicable to costs incurred by a clinic or sexual assault forensic medical examination team, and would include nurse practitioners and physician's assistants as qualified health care professionals. The bill would repeal the provision limiting the amount that may be charged to $300. The bill would further require that the costs of the examination for a sexual assault victim who chooses not to participate in a criminal investigation to be reimbursed to the local law enforcement agency by the Office of Emergency Services at the locally negotiated rate in an amount not to exceed $1,000.
Bill Text
- Amended 06/12/17 - Amended Senate Current pdf June 12, 2017
- Amended 04/27/17 - Amended Assembly pdf April 27, 2017
- Amended 04/18/17 - Amended Assembly pdf April 18, 2017
- Amended 03/28/17 - Amended Assembly pdf March 28, 2017
- Introduced 02/07/17 - Introduced pdf February 07, 2017
- AB334 View text html
Action History
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In committee: Set, first hearing. Hearing canceled at the request of author.
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From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
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Referred to Coms. on JUD. and PUB. S.
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In Senate. Read first time. To Com. on RLS. for assignment.
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Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1713.)
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Read second time. Ordered to third reading.
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From committee: Do pass. (Ayes 17. Noes 0.) (May 17).
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Re-referred to Com. on APPR.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (April 25).
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on JUD.
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Read second time and amended.
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From committee: Amend, and do pass as amended and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (March 21).
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Referred to Coms. on PUB. S. and JUD.
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From printer. May be heard in committee March 10.
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Read first time. To print.
Sponsors
- Cooper · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Cooper
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 1 |
| % of votes cast | 86% | 0% | 0% | 14% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Hertzberg | — | Yea |
| Monning | — | Not Voting |
| Anderson | — | Yea |
| Moorlach | — | Yea |
| Wieckowski | — | Yea |
| Jackson, Corey A. | Democratic | Yea |
| Stern, Henry I. | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 53 | 0 | 0 | 4 |
| Democratic | 16 | 0 | 0 | 0 |
| Republican | 7 | 0 | 0 | 0 |
| Total | 76 | 0 | 0 | 4 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (80)
| Member | Party | Vote |
|---|---|---|
| Acosta | — | Yea |
| Bigelow | — | Yea |
| Bloom | — | Yea |
| Brough | — | Yea |
| Harper | — | Yea |
| Jones-Sawyer | — | Yea |
| Mathis | — | Yea |
| McCarty | — | Yea |
| O'Donnell | — | Yea |
| Quirk | — | Yea |
| Santiago | — | Yea |
| Voepel | — | Yea |
| Eggman | — | Not Voting |
| Daly | — | Yea |
| Friedman | — | Yea |
| Frazier | — | Yea |
| Gomez | — | Yea |
| Rubio | — | Yea |
| Salas | — | Yea |
| Bocanegra | — | Yea |
| Burke | — | Yea |
| Chau | — | Not Voting |
| Gray | — | Yea |
| Kiley | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Levine | — | Yea |
| Low | — | Yea |
| Mayes | — | Yea |
| Medina | — | Yea |
| Chávez | — | Yea |
| Melendez | — | Yea |
| Cooley | — | Yea |
| Cooper | — | Yea |
| Baker | — | Yea |
| Cunningham | — | Yea |
| Dababneh | — | Yea |
| Nazarian | — | Yea |
| Obernolte | — | Yea |
| Rendon | — | Yea |
| Ridley-Thomas | — | Yea |
| Rodriguez | — | Yea |
| Steinorth | — | Not Voting |
| Ting | — | Yea |
| Waldron | — | Not Voting |
| Weber | — | Yea |
| Wood | — | Yea |
| Gloria | — | Yea |
| Holden | — | Yea |
| Maienschein | — | Yea |
| Chiu | — | Yea |
| Chu | — | Yea |
| Mullin | — | Yea |
| Thurmond | — | Yea |
| Cristina Garcia | — | Yea |
| Eduardo Garcia | — | Yea |
| Mark Stone | — | Yea |
| Travis Allen | — | Yea |
| Aguiar-Curry, Cecilia M. | Democratic | Yea |
| Arambula, Joaquin | Democratic | Yea |
| Berman, Marc | Democratic | Yea |
| Bonta, Mia | Democratic | Yea |
| Caballero, Anna M. | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Cervantes, Sabrina | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Gipson, Mike A. | Democratic | Yea |
| Grayson, Timothy S. | Democratic | Yea |
| Irwin, Jacqui | Democratic | Yea |
| Kalra, Ash | Democratic | Yea |
| Limón, Monique | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Quirk-Silva, Sharon | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Chen, Phillip | Republican | Yea |
| Choi, Steven S. | Republican | Yea |
| Dahle, Megan | Republican | Yea |
| Flora, Heath | Republican | Yea |
| Gallagher, James | Republican | Yea |
| Lackey, Tom | Republican | Yea |
| Patterson, Joe | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 11 | 0 | 0 | 0 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 17 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (17)
| Member | Party | Vote |
|---|---|---|
| Bloom | — | Yea |
| Brough | — | Yea |
| Obernolte | — | Yea |
| Thurmond | — | Yea |
| Eggman | — | Yea |
| Gray | — | Yea |
| Bigelow | — | Yea |
| Quirk | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Levine | — | Yea |
| Eduardo Garcia | — | Yea |
| Bonta, Mia | Democratic | Yea |
| Calderon, Lisa | Democratic | Yea |
| Fong, Mike | Democratic | Yea |
| Muratsuchi, Al | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Gallagher, James | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 9 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (11)
| Member | Party | Vote |
|---|---|---|
| Kiley | — | Yea |
| Maienschein | — | Yea |
| Cunningham | — | Yea |
| Chau | — | Yea |
| Chiu | — | Yea |
| Holden | — | Yea |
| Ting | — | Yea |
| Cristina Garcia | — | Yea |
| Mark Stone | — | Yea |
| Kalra, Ash | Democratic | Yea |
| Reyes, Eloise Gómez | Democratic | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 1 | 0 | 0 | 0 |
| Unaffiliated | 6 | 0 | 0 | 0 |
| Total | 7 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (7)
| Member | Party | Vote |
|---|---|---|
| Quirk | — | Yea |
| Gonzalez Fletcher | — | Yea |
| Rubio | — | Yea |
| Cunningham | — | Yea |
| Jones-Sawyer | — | Yea |
| Santiago | — | Yea |
| Lackey, Tom | Republican | Yea |
Subjects
Frequently asked questions
- What does AB 334 do?
- Existing law provides that in a civil action for recovery of damages suffered as a result of domestic violence, the time for commencement of the action shall be the later of within 3 years from the date of the last act of domestic violence by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act of domestic violence by the defendant against the plaintiff. This bill would set the time for commencement of any civil action for recovery of damages suffered as a result of sexual assault, as defined, where the assault occurred on or after the plaintiff's 18th birthday, to the later of within 10 years from the date of the last act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff or within 3 years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with intent to commit an act, of sexual assault by the defendant against the plaintiff. Existing law establishes 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 from those crimes. This bill, among other changes, would make changes relating to the conduct of sexual assault examinations. Existing law prohibits 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 a specified protocol, when the examination is performed as specified, from being charged directly or indirectly to the victim of the assault. Existing law limits 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 to $300. This bill would make that prohibition on charging a victim of sexual assault applicable to costs incurred by a clinic or sexual assault forensic medical examination team, and would include nurse practitioners and physician's assistants as qualified health care professionals. The bill would repeal the provision limiting the amount that may be charged to $300. The bill would further require that the costs of the examination for a sexual assault victim who chooses not to participate in a criminal investigation to be reimbursed to the local law enforcement agency by the Office of Emergency Services at the locally negotiated rate in an amount not to exceed $1,000.
- Who sponsors AB 334?
- AB 334 is sponsored by Cooper.
- What is the current status of AB 334?
- This bill died with 2017-2018 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 334?
- Track AB 334 free on One Click Politics — get push/email alerts when it moves.
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