BILL NUMBER: AB 898	CHAPTERED
	BILL TEXT

	CHAPTER  537
	FILED WITH SECRETARY OF STATE  SEPTEMBER 26, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 25, 2003
	PASSED THE ASSEMBLY  SEPTEMBER 8, 2003
	PASSED THE SENATE  SEPTEMBER 4, 2003
	AMENDED IN SENATE  SEPTEMBER 2, 2003
	AMENDED IN SENATE  AUGUST 18, 2003
	AMENDED IN SENATE  JULY 15, 2003
	AMENDED IN SENATE  JUNE 26, 2003
	AMENDED IN ASSEMBLY  JUNE 2, 2003

INTRODUCED BY   Assembly Member Chu
   (Coauthors:  Assembly Members Bates, Berg, Chan, Cohn, Corbett,
Daucher, Diaz, Frommer, Goldberg, Hancock, Shirley Horton, Houston,
Jackson, Kehoe, Lieber, Liu, Longville, Matthews, Maze, Montanez,
Nation, Oropeza, Pavley Runner, Wiggins, and Wolk)
   (Coauthors:  Senators Alpert, Bowen, Escutia, Figueroa, Karnette,
Kuehl, Romero, and Speier)

                        FEBRUARY 20, 2003

   An act to add Section 680 to the Penal Code, relating to DNA
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 898, Chu.  DNA evidence:  Sexual Assault Victims' DNA Bill of
Rights.
   Existing law specifies various rights for crime victims.
   This bill would establish the "Sexual Assault Victims' DNA Bill of
Rights."  This bill would authorize a law enforcement agency
investigating certain felony sex offenses to, upon the request of the
victim, and subject to the commitment of resources, inform the
victim whether or not a DNA profile was obtained from the testing of
the rape kit evidence or other crime scene evidence from their case,
whether that information had been entered into the Department of
Justice Data Bank of case evidence, and whether or not there is a
match between the DNA profile developed from the rape kit evidence or
other crime scene evidence and a DNA profile contained in the
Department of Justice Convicted Offender DNA Data Base, as specified.
  The bill would also provide that the victim would be given written
notification by the law enforcement agency if the law enforcement
agency elects not to perform DNA testing of the rape kit evidence or
other crime scene evidence, or intends to destroy or dispose of the
rape kit evidence or other crime scene evidence prior to the
expiration of the statute of limitations as specified.  The bill
would further provide that the victim's sole remedy for the failure
of a law enforcement agency to comply with these provisions would be
to file a writ of mandamus.
   By imposing additional duties on local law enforcement entities,
this bill would impose a state-mandated local program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 680 is added to the Penal Code, to read:
   680.  (a) This section shall be known as and may be cited as the
"Sexual Assault Victims' DNA Bill of Rights."
   (b) The Legislature finds and declares all of the following:
   (1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a powerful law enforcement tool for identifying and
prosecuting sexual assault offenders.
   (2) Victims of sexual assaults have a strong interest in the
investigation and prosecution of their cases.
   (3) Law enforcement agencies have an obligation to victims of
sexual assaults in the proper handling, retention and timely DNA
testing of rape kit evidence or other crime scene evidence and to be
responsive to victims concerning the developments of forensic testing
and the investigation of their cases.
   (4) The growth of the Department of Justice's Cal-DNA databank and
the national databank through the Combined DNA Index System (CODIS)
makes it possible for many sexual assault perpetrators to be
identified after their first offense, provided that rape kit evidence
is analyzed in a timely manner.
   (5) Timely DNA analysis of rape kit evidence is a core public
safety issue affecting men, women, and children in the State of
California.  It is the intent of the Legislature, in order to further
public safety, to encourage DNA analysis of rape kit evidence within
the time limits imposed by subparagraphs (A) and (B) of paragraph
(1) of subdivision (i) of Section 803.
   (6) A law enforcement agency assigned to investigate a sexual
assault offense specified in Section 261, 261.5, 262, 286, 288a, or
289 should perform DNA testing of rape kit evidence or other crime
scene evidence in a timely manner in order to assure the longest
possible statute of limitations, pursuant to subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803.
   (7) For the purpose of this section, "law enforcement" means the
law enforcement agency with the primary responsibility for
investigating an alleged sexual assault.
   (c) (1) Upon the request of a sexual assault victim the law
enforcement agency investigating a violation of Section 261, 261.5,
262, 286, 288a, or 289 may inform the victim of the status of the DNA
testing of the rape kit evidence or other crime scene evidence from
the victim's case.  The law enforcement agency may, at its
discretion, require that the victim's request be in writing.  The law
enforcement agency may respond to the victim's request with either
an oral or written communication, or by electronic mail, if an
electronic mail address is available.  Nothing in this subdivision
requires that the law enforcement agency communicate with the victim
or the victim's designee regarding the status of DNA testing absent a
specific request from the victim or the victim's designee.
   (2) Subject to the commitment of  sufficient resources to respond
to requests for information, sexual assault victims have the
following rights:
   (A) The right to be informed whether or not a DNA profile of the
assailant was obtained from the testing of the rape kit evidence or
other crime scene evidence from their case.
   (B) The right to be informed whether or not the DNA profile of the
assailant developed from the rape kit evidence or other crime scene
evidence has been entered into the Department of Justice Data Bank of
case evidence.
   (C) The right to be informed whether or not there is a match
between the DNA profile of the assailant developed from the rape kit
evidence or other crime scene evidence and a DNA profile contained in
the Department of Justice Convicted Offender DNA Data Base, provided
that disclosure would not impede or compromise an ongoing
investigation.
   (3) This subdivision is intended to encourage law enforcement
agencies to notify victims of information which is in their
possession.  It is not intended to affect the manner of or frequency
with which the Department of Justice provides this information to law
enforcement agencies.
   (d) If the law enforcement agency elects not to analyze DNA
evidence within the time limits established by subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803, a victim of a
sexual assault offense specified in Section 261, 261.5, 262, 286,
288a, or 289, where the identity of the perpetrator is in issue,
shall be informed, either orally or in writing, of that fact by the
law enforcement agency.
   (e) If the law enforcement agency intends to destroy or dispose of
rape kit evidence or other crime scene evidence from an unsolved
sexual assault case prior to the expiration of the statute of
limitations as set forth in Section 803, a victim of a violation of
Section 261, 261.5, 262, 286, 288a, or 289 shall be given written
notification by the law enforcement agency of that intention.
   (f) Written notification under subdivision (d) or (e) shall be
made at least 60 days prior to the destruction or disposal of the
rape kit evidence or other crime scene evidence from an unsolved
sexual assault case where the election not to analyze the DNA or the
destruction or disposal occurs prior to the expiration of the statute
of limitations specified in subdivision (i) of Section 803.
   (g) A sexual assault victim may designate a sexual assault victim
advocate, or other support person of the victim's choosing, to act as
a recipient of the above information required to be provided by this
section.
   (h)  It is the intent of the Legislature that a law enforcement
agency responsible for providing information under subdivision (c) do
so in a timely manner and, upon request of the victim or the victim'
s designee, advise the victim or the victim's designee of any
significant changes in the information of which the law enforcement
agency is aware.  In order to be entitled to receive notice under
this section, the victim or the victim's designee shall keep
appropriate authorities informed of the name, address, telephone
number, and electronic mail address of the person to whom the
information should be provided, and any changes of the name, address,
telephone number, and electronic mail address, if an electronic
mailing address is available.
   (i) A defendant or person accused or convicted of a crime against
the victim shall have no standing to object to any failure to comply
with this section.  The failure to provide a right or notice to a
sexual assault victim under this section may not be used by a
defendant to seek to have the conviction or sentence set aside.
   (j) The sole civil or criminal remedy available to a sexual
assault victim for a law enforcement agency's failure to fulfill its
responsibilities under  this section is standing to file a writ of
mandamus to require compliance with subdivision (d) or (e).
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.