BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1017| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 1017 Page 2 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. AB 1017 Page 3 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 AB 1017 Page 4 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, AB 1017 Page 5 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 **** END ****