SB 354

Under current law, a victim of a crime is afforded certain rights while his or her

case proceeds through the criminal justice system, including the right to be present

at certain hearings, the right to make statements regarding the disposition of the

case, and the right to be notified of additional proceedings after the case has been

adjudicated. Current law allows a victim of certain crimes, including domestic abuse

or certain acts of child abuse, harassment, sexual assault, or sexual exploitation by

a therapist, to be accompanied by a victims' advocate or counselor at criminal

hearings, depositions, court proceedings, and at meetings related to the hearings,

depositions, and court proceedings if the crime is a factor in a child custody case

involving the victim or if the crime is a factor in the victim's ability to represent his

or her own interests in the proceedings.

Under this bill, in addition to the rights he or she enjoys under current law, a

victim of domestic abuse, harassment, certain sexual assault crimes, and certain

crimes of child abuse (abusive conduct) has the right to be accompanied by a victim

advocate of his or her choosing at any activity or event related to the abusive conduct

that the victim attends, or is requested to attend by any law enforcement agency,

district attorney, department of justice, department of corrections, or court.

Under the bill, any hospital that provides emergency services to a victim of

abusive conduct is required to allow, at the victim's request, a victim advocate to

accompany the victim to any examination or consultation related to the abusive

conduct. The bill allows a victim or, if the victim is a minor, the parent or guardian

of the victim, to request a victim advocate to accompany him or her. Under the bill,

a minor may also request a victim advocate without the permission of his or her

parent or guardian.