BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1017|
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                                 THIRD READING


          Bill No:  AB 1017
          Author:   Portantino (D), et al
          Amended:  8/19/09 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  7-0, 7/14/09
          AYES:  Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,  
            Wright

           SENATE APPROPRIATIONS COMMITTEE  :  13-0, 8/27/09
          AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,  
            Price, Runner, Walters, Wolk, Wyland, Yee

           ASSEMBLY FLOOR  :  78-0, 6/2/09 - See last page for vote


           SUBJECT  :    Sexual assault:  rape kits

           SOURCE  :     Author


           DIGEST  :    This bill requires law enforcement agencies that  
          take or process rape kit evidence to report specified  
          information concerning the testing and destruction of that  
          evidence to the Department of Justice. 

           ANALYSIS  :    Current law sets forth the "Sexual Assault  
          Victims' DNA Bill of Rights," which enumerates in statute  
          certain provisions pertaining to victim notification of  
          certain information relating to their case, as specified.   
          (Penal Code  680.)

                                                           CONTINUED





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          Current law provides that notwithstanding any other  
          limitation of time, 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:

          1.The crime is one that is described in the sex offense  
            registration statute; and,

          2.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.  (Penal Code   
            803(g)(1)(A)(B).)

          Current law provides that a criminal complaint may be filed  
          within one year after a report to a law enforcement agency  
          that a person was the victim of a sexual offense while  
          under the age of 18 years.  To file such a complaint, the  
          applicable limitation period must have expired and the  
          alleged crime must have involved substantial sexual conduct  
          corroborated by evidence, as specified.  (Penal Code  803  
          (g)(1) and (h)(1).)

          This bill requires each local law enforcement agency  
          responsible for taking or processing rape kit evidence to  
          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.








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          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.

          This bill requires that the initial report to the  
          department shall be made by July 1, 2011.  These reports  
          are subject to inspection under the California Public  
          Records Act.

          This bill makes these provisions operative only until July  
          1, 2015, and sunset them on January 1, 2016.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2009-10     2010-11     
           2011-12   Fund  
          Mandate on local law                              likely  
          very minor, if reimbursable                       General
            enforcement agencies

           SUPPORT  :   (Verified  8/28/09)

          City of West Hollywood
          San Francisco Women's Political Committee
          California Commission on the Status of Women







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          California Coalition Against Sexual Assault
          Crime Victims United of California


           ARGUMENTS IN SUPPORT  :    According to the author's office:

               AB 1017 will require all local law enforcement  
               agencies in the state to report to the Department of  
               Justice the total number rape kits in their possession  
               that have not been tested or analyzed.  The report  
               shall cover the number of kits by year and shall  
               initially cover the past five years.   

               It was only after disclosure of the large backlogs of  
               unopened kits in Los Angeles and the resulting public  
               outrage that the City and County of Los Angeles  
               finally agreed to inventory the number of untested  
               rape kits in their evidence lockers.   

               AB 1017 will provide for open government in our law  
               enforcement agencies by requiring them to disclose how  
               many rape kits they have not tested.  Our communities  
               should know what their law enforcement agencies are  
               doing with the evidence of rapes and sexual crimes.  

               AB 1017 will also require local law enforcement  
               agencies to report the number of unopened rape kits  
               that have been destroyed and their policies for doing  
               so.  


           ASSEMBLY FLOOR  :
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Tom  
            Berryhill, Blakeslee, Blumenfield, Brownley, Buchanan,  
            Caballero, Charles Calderon, Carter, Chesbro, Conway,  
            Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,  
            Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,  
            Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,  
            Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,  
            Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  







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            Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
          NO VOTE RECORDED:  Bill Berryhill, Block


          RJG:nl  8/28/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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