WORK WITH US
Assembly Bill 1138 – Requires That The California State University And The University Of California Provide Victims Of Sexual Assault With Access To Rape Kits And Transportation Free Of Charges As A Condition Of Receiving State Funds For Student Financial Assistance
Existing law requires the governing board of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused in order to receive state funds for student financial assistance.
AB 1138 amends existing law to require as a condition of receiving state funds for student financial assistance that the Trustees of the California State University and the Regents of the University of California, to the extent possible, ensure that when a student experiences sexual violence and seeks support services from a campus advocate or community-based organization pursuant to a memorandum of understanding, agreement, or collaborative partnership, that all the following occur:
- The student receives information about the student’s options and rights to obtain a sexual assault forensic medical examination.
- Student eligible to obtain a sexual assault forensic medical examination receive information about the student’s right to be accompanied to the examination by a certified sexual assault counselor or support person of the student’s choosing, or both a certified sexual assault counselor and a support person of the student’s choosing.
- Student eligible for a sexual assault forensic medical examination shall receive information about how to access transportation to an examination site, including transportation options that can be provided by or arranged by the campus.
The bill requires, commencing with the 2025–2026 school year, that the Trustees of the California State University and the Regents of the University of California shall, to the extent practicable and necessary, provide to students who request and are eligible to obtain a sexual assault forensic medical examination, transportation to and from a SAFE or SART exam center for a qualified health care provider to administer a sexual assault forensic medical evidence kit.
AB 1138 further requires, to the extent practicable and necessary, that students be provided at no charge and in a manner that protects student confidentiality, transportation to and from a local Sexual Assault Forensic Examination (SAFE) or Sexual Abuse Response Team (SART) exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit.
The bill requires that on or before June 30, 2026, and biennially thereafter, as a condition of receiving state financial assistance funds, the trustees and the regents submit a report to the Legislature on whether their respective institutions have provided transportation for students to and from a local SAFE or SART exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit and the manner in which students received the transportation.
(AB 1138 amends Section 67386 of the Education Code.)