BILL NUMBER: AB 1017	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Members Portantino and Brownley

                        FEBRUARY 27, 2009

   An act to amend Section 680 of the Penal Code, relating to sexual
assault crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1017, as introduced, Portantino. Sexual assault crimes.
   Existing law, the Sexual Assault Victims' DNA Bill of Rights,
authorizes 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 or not 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. 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.
   This bill would require a law enforcement agency, if it does not
analyze the DNA evidence of an assailant of a sexual assault victim
within 6 months of obtaining the rape kit evidence where the
assailant's identity is an issue, to inform the victim of this fact.
The bill would also require each law enforcement agency responsible
for taking or processing rape kit evidence to annually report to the
Department of Justice the total number of rape kits in its possession
that it has not tested or analyzed, as specified.
   The bill would further require each law enforcement agency to
report to the Department of Justice the total number of sexual
assault crimes reported in its jurisdiction that would require the
offender convicted of the crime to register as a sex offender. By
imposing new duties on local government agencies, the 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 of the Penal Code is amended 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
  This subdivision does not require  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   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 
 that  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  
does  not  to  analyze  the  DNA
evidence  within the time limits established by subparagraphs
(A) and (B) of paragraph (1) of subdivision (i) of Section 803,
  for the assailant of  a victim of a sexual
assault offense specified in Section 261, 261.5, 262, 286, 288a, or
289,  within six months of obtaining the rape kit evidence 
where the  assailant's  identity  of the perpetrator
 is in issue,  the victim  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) Each law enforcement agency responsible for taking or
processing rape kit evidence shall annually report to the Department
of Justice the total number of rape kits in its possession that it
has not tested or analyzed. The law enforcement agency shall include
in its report to the department the number of untested or unanalyzed
rape kits in its possession by year, covering at least the previous
five years.  
   (k) Each law enforcement agency shall annually report to the
Department of Justice the total number of sexual assault crimes
reported in its jurisdiction that would require an offender convicted
of the crime to register as a sex offender pursuant to Section 290.
This information shall be provided to the department by the code
section or sections violated.  
   (j) 
    (l)  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.  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.