BILL NUMBER: AB 1017	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 23, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  APRIL 23, 2009
	AMENDED IN ASSEMBLY  APRIL 2, 2009

INTRODUCED BY   Assembly Members Portantino and Brownley
    (   Coauthors:   Assembly Members 
 Blumenfield,   Fuentes,   Lieu,  
Salas,   and Skinner   ) 
    (   Coauthors:   Senators  
Alquist   and Yee   ) 

                        FEBRUARY 27, 2009

   An act to add and repeal Section 680.1 of the Penal Code, relating
to sexual assault crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1017, 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  to  , 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 rape kit evidence to annually
report information pertaining to the number of rape kits received,
tested, and destroyed, to the Department of Justice, as specified.
 The bill would also require each law enforcement agency to
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, as
specified.   The reports received would be subject to
inspection under the California Public Records Act.  These
provisions would become inoperative on July 1, 2015, and would be
repealed on January 1, 2016.
   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 rape kit evidence shall annually
report, by July 1 of each year, the following  information 
to the Department of Justice:
   (1) The total number of rape kits received during the preceding
calendar year.
   (2) The total number of rape kits tested during the preceding
calendar year.
   (3) The total number of untested rape kits in its possession as of
January 1 of the reporting year.
   (4) The total number of rape kits destroyed during the preceding
calendar year.
   The initial report to the department pursuant to this subdivision
shall include available statistics for the previous five years.

   (b) 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.
The report shall be provided to the department in a form that reports
the crimes by the code section violated.  
   (b) The reports received pursuant to subdivision (a) 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). 
   (c) This section shall remain operative only until July 1, 2015,
and shall be repealed on January 1, 2016, unless a later enacted
statute, that is enacted before January 1, 2016, 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.