BILL NUMBER: AB 1017 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN SENATE AUGUST 19, 2009
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, 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 rape kit evidence to annually report to the
Department of Justice statistical information pertaining to the
processing of rape kits, 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repealed on January 1, 2016.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.
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 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 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 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 in its possession as of
January 1 of the reporting year.
(6) The total number of rape kits destroyed during the preceding
calendar year.
The initial report to the department pursuant to this subdivision
shall be made by July 1, 2011.
(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.