BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1017
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 1017 (Portantino and Brownley)
          As Amended  June 1, 2009
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      14-0        
           
           ------------------------------------------------------------------ 
          |Ayes:|Solorio, Hagman,          |Ayes:|De Leon, Ammiano, Charles  |
          |     |Furutani, Gilmore, Hill,  |     |Calderon, Davis, Duvall,   |
          |     |Ma, Skinner               |     |Fuentes, Hall,             |
          |     |                          |     |John A. Perez, Price,      |
          |     |                          |     |Skinner, Solorio, Audra    |
          |     |                          |     |Strickland, Torlakson,     |
          |     |                          |     |Krekorian                  |
           ------------------------------------------------------------------ 

           SUMMARY  :  Requires every law enforcement agency responsible for  
          taking or processing rape evidence annually report, by July 1 of  
          each year, to the Department of Justice (DOJ) the total number  
          of rape kits received and tested during the preceding calendar  
          year, the total number of untested rape kits in its possession  
          as of January 1 of the reporting year, and the total number of  
          rape kits destroyed during the preceding calendar year.   
          Specifically,  this bill  :

          1)States the initial report to the DOJ, as specified above,  
            shall include available statistics for the previous five  
            years. 

          2)Mandates each law enforcement agency annually report to the  
            DOJ the total number of sexual assault crimes reported in its  
            jurisdiction that would require registration as a sex  
            offender, as specified.  The report shall be provided to the  
            DOJ in a form that reports the crimes by the code section  
            violated.

          3)States these requirements shall only be in effect until July  
            1, 2015, and be repealed in January 1, 2016 unless extended. 

           EXISTING LAW  :

          1)States that upon the request of a sexual assault victim the  
            law enforcement agency investigating a violation of specified  








                                                                  AB 1017
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            violent sex offenses, 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)Provides, notwithstanding any other limitation of time  
            described in this chapter, a criminal complaint may be filed  
            within one year of the date on which the identity of the  
            suspect is conclusively established by DNA testing if both of  
            the following conditions are met:

             a)   The crime is one that is described in the sex offense  
               registration statute; and,

             b)   The offense was committed prior to January 1, 2001, and  
               biological evidence collected in connection with the  
               offense is analyzed for DNA type no later than January 1,  
               2004; or the offense was committed on or after January 1,  
               2001, and biological evidence collected in connection with  
               the offense is analyzed for DNA type no later than two  
               years from the date of the offense.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor reimbursable mandated local law enforcement  
          reporting costs to provide backlog statistics to DOJ.

           COMMENTS  :  According to the author, "Last year, it was  
          discovered that law enforcement agencies in Los Angeles City and  
          County had thousands of rape kits in their evidence freezers  
          that had not been tested.  There were even some kits that had  
          been held in excess of the 10-year statute of limitations for  
          the crime of rape.  Since that time, both the City and County of  
          Los Angeles have committed themselves to opening and testing of  
          every rape kit in their evidence rooms.

          "A rape kit is the physical evidence, often including DNA, that  
          is collected after a sexual assault.  Timely testing of rape  








                                                                  AB 1017
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          kits is essential in identifying and convicting perpetrators who  
          are frequently repeat offenders.  A representative of women's  
          issues has been quoted as saying, 'When a rape is committed, the  
          victim's body is the crime scene.  They consent to its search in  
          the same way that a person who has suffered a property crime  
          consents to a search of their home, though it's themselves these  
          victims are opening to inspection.'  To treat evidence gathered  
          at that excruciating moment in their lives by not testing it,  
          she said, 'betrays the victim's faith in the criminal justice  
          system.' 

          "It is vital that evidence of these crimes be processed.  The  
          New York City Police Department in 1996 had over 17,000 untested  
          rape kits in its possession.  At this time, they only had a  
          capacity to test 100 to 150 rape kits a year while they were  
          getting about 1,600 new kits each year.  They made the  
          commitment to test the backlog of rape kits and all kits  
          received in the future.   After their backlog of kits were  
          tested, they discovered 2,000 'hits' - or DNA matches - leading  
          to the solving of 154 cold rape cases, including the heinous  
          attacks on two teenagers by a serial rapist."

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744 


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