BILL NUMBER: SB 1352	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2010
	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Wyland

                        FEBRUARY 19, 2010

   An act to add Section 680.2 to the Penal Code, relating to rape
kits  , and making an appropriation therefor  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1352, as amended, Wyland. Rape kits.
   Existing law requires the establishment of protocols for the
examination and treatment of sexual assault victims, including the
collection and preservation of evidence. Existing law provides that a
law enforcement agency assigned to investigate certain sexual
assault offenses should perform DNA testing of rape kit evidence in a
timely manner.
   This bill would require rape kits collected on or after January 1,
2011, in criminal investigations be processed and analyzed for
identification purposes within 30 days of delivery to law
enforcement. The bill would also require that all rape kits collected
prior to January 1, 2011, in criminal investigations be processed
and analyzed for identification purposes not later than 
January 1, 2012   June 30, 2011  .
   By imposing additional 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 California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions provide a procedure for paying this
reimbursement.  
   This bill would appropriate an unspecified sum to the Controller
annually to reimburse local agencies and school districts for costs
mandated by the state and incurred by them pursuant to this act.

   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 680.2 is added to the Penal Code, to read:
   680.2.  All rape kits collected on or after January 1, 2011, in
criminal investigations shall be processed and analyzed for
identification purposes within 30 days of delivery to law
enforcement. All rape kits collected prior to January 1, 2011, in
criminal investigations shall be processed and analyzed for
identification purposes not later than  January 1, 2012.
  June 30, 2011. Evidence derived from the analysis of
any rape kit is not made inadmissible in court by the fact that it
was not processed and analyzed within the timeframe required by this
section.  
  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. 
   SEC. 2.    The sum of ____ dollars ($ ____) is hereby
appropriated annually from the General Fund to the Controller to
reimburse local agencies and school districts pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code for costs mandated by the state and incurred by them
pursuant to this act.