BILL NUMBER: AB 558 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 9, 2010
AMENDED IN SENATE APRIL 5, 2010
AMENDED IN ASSEMBLY OCTOBER 26, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Portantino
FEBRUARY 25, 2009
An act to add and repeal Section 680.1 of the Penal Code, relating
to sexual assault crimes.
LEGISLATIVE COUNSEL'S DIGEST
AB 558, as amended, Portantino. Sexual assault crimes.
Existing law, the Sexual Assault Victims' DNA Bill of Rights,
authorizes a law enforcement agency investigating certain felony sex
offenses, upon the request of the victim, and subject to the
commitment of resources, to 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 the case, whether or not that
information has 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. Existing law also
requires that the victim 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. Existing law provides that the sole
civil or criminal remedy available to a sexual assault victim for a
law enforcement agency's failure to fulfill its responsibilities
under the Sexual Assault Victims' DNA Bill of Rights is standing to
file a writ of mandamus to require compliance with these notification
provisions.
This bill would require local law enforcement agencies responsible
for taking or processing collecting
rape kit evidence to annually report to the Department of Justice
statistical information pertaining to the processing
testing and submission for DNA analysis of rape
kits, as specified. The initial report would be due by July 1, 2012.
The reports received would be subject to inspection under the
California Public Records Act. These provisions would become
inoperative on July 1, 2016, and would be repealed on January 1,
2017.
By imposing additional reporting duties on local law enforcement
agencies, 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.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 680.1 is added to the Penal Code, to read:
680.1. (a) Each local law enforcement agency responsible for
taking or processing collecting rape
kit evidence shall collect the following information for rape kits
collected on or after January 1, 2011:
(1) The total number of rape kits received
collected during the preceding calendar year and, of that
total, the number of rape kits for which the identity of the
assailant is unknown and the number of rape kits for which
the identity of the assailant is contested .
(2) The total number of rape kits tested during the preceding
calendar year and, of that total, the number of rape kits for which
the identity of the assailant is unknown and the number of
rape kits for which the identity of the assailant is contested
.
(3) The total number of rape kits that law enforcement
has requested be tested submit ted for DNA
analysis and, of that total, the number of rape kits for which
the identity of the assailant is unknown and the number of
rape kits for which the identity of the assailant is contested
.
(4) The number of rape kits that law enforcement has
requested be tested submitted for DNA analysis
that remain untested and, of that number, the number of rape kits for
which the identity of the assailant is unknown and the
number of rape kits for which the identity of the assailant is
contested. .
(5) The total number of untested rape kits that were not
submitted for DNA analysis in its possession as of January 1 of
the reporting year.
(6) The total number of rape kits destroyed during the preceding
calendar year.
(b) Each local law enforcement agency responsible for taking or
processing collecting rape kit evidence
shall report, by July 1 of each year, the information collected
pursuant to this section during the preceding year to the Department
of Justice. The initial report to the department pursuant to this
subdivision shall be made by July 1, 2012.
(c) The reports received by the department pursuant to subdivision
(b) are subject to inspection under the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
(d) This section shall remain operative only until July 1, 2016,
and shall be repealed on January 1, 2017, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. 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.