BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 855
                                                                     Page  1


        ASSEMBLY THIRD READING
        AB 855 (Ma and Hagman)
        As Amended  March 21, 2011
        Majority vote 

         PUBLIC SAFETY       7-0                                          
         
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        |Ayes:|Ammiano, Knight, Cedillo, |     |                          |
        |     |Hagman, Hill, Mitchell,   |     |                          |
        |     |Skinner                   |     |                          |
        |     |                          |     |                          |
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         SUMMARY  :  Allows funds remaining in a local DNA Identification Fund 
        to be expended by a local law enforcement agency for the costs of 
        using an authorized, independent laboratory, other than the 
        Department of Justice (DOJ), to analyze and expedite the testing of 
        DNA samples.  Specifically,  this bill  :

        1)Provides reimbursements to a local sheriff, police, district 
          attorney, or regional state crime laboratory for expenditures and 
          administrative costs made or incurred for utilizing a laboratory 
          that meets state and federal requirements, as specified.

        2)Requires authorization by a resolution of the county board of 
          supervisors.

         EXISTING LAW  :

        1)States that except as otherwise provided in this section, for the 
          purpose of implementing the DNA Fingerprint, Unsolved Crime and 
          Innocence Protection Act, there shall be levied an additional 
          penalty of $1 for every $10, or part of $10, in each county upon 
          every fine, penalty, or forfeiture imposed and collected by the 
          courts for all criminal offenses, including all offenses involving 
          a violation of the Vehicle Code or any local ordinance adopted 
          pursuant to the Vehicle Code.  

        2)States that the penalty imposed by this section shall be collected 
          together with and in the same manner as specified sections.  These 
          moneys shall be taken from fines and forfeitures deposited with 
          the county treasurer prior to any divisions as specified.  The 
          board of supervisors shall establish in the county treasury a DNA 
          Identification Fund into which shall be deposited the collected 








                                                                     AB 855
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          moneys pursuant to this section.  The moneys of the fund shall be 
          allocated.  

        3)States that this additional penalty does not apply to the 
          following:

           a)   Any restitution fine;

           b)   Specified penalties authorized under the Penal Code;

           c)   Specified parking offenses; and,

           d)   The state surcharge authorized by the Penal Code,

        4)Provides that the fund moneys described, together with any 
          interest earned thereon, shall be held by the county treasurer 
          separate from any funds subject to transfer or division pursuant 
          to Penal Code Section 1463.  Deposits to the fund may continue 
          through and including the 20th year after the initial calendar 
          year in which the surcharge is collected, or longer if and as 
          necessary to make payments upon any lease or leaseback arrangement 
          utilized to finance any of the projects specified herein.  

         FISCAL EFFECT  :  Unknown.  This bill is keyed non-fiscal by the 
        Legislative Counsel.

         COMMENTS  :  According to the author, "AB 855 will allow law 
        enforcement and district attorneys to access the services of 
        independent crime laboratories for the purpose of expediting the 
        testing and analysis of DNA samples, primarily rape kits. 

        "Two years ago in Yuba County, biological samples from a rape case 
        involving a female AFB airperson, were submitted to the Department 
        of Justice for processing.  The sample was submitted January 25th, 
        2008, but the DNA analysis was not returned until February 4th, 2009 
        - over a year later.  During this period, the victim's deployment to 
        Afghanistan/Iraq was delayed.  If Yuba County had been able to 
        contract independent laboratories for the analysis, the results 
        would have been expedited in as little as two weeks.

        "In 2004, Proposition 69 was passed, increasing various fines to 
        assist with the funding for the DNA Identification Fund for DNA 
        labs, both state and local.  Consequentially, the backlogs for DNA 
        testing have been eliminated in several counties due to an increase 








                                                                     AB 855
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        in funds in their DNA Identification Fund accounts. 

        "However, the backlog of DNA remains an issue for California as it 
        hinders the successful removal of criminals from the streets due to 
        a vast amount of pending cases.  In 2008, the Los Angeles Police 
        Department noted 6,132 rape kits containing various DNA materials 
        gathered from the bodies of victims and from the crime scenes.  This 
        is evidence that would likely assist with the proper identification 
        of criminals.  At the end of February 2011, the California 
        Department of Justice reported a backlog of 35,409 DNA samples.  But 
        on a larger scale, 400,000 untested rape kits remain in police 
        storage throughout the United States. 

        "Some counties right now may have to wait well over a year for a DNA 
        result; however, a private lab can produce the results for that same 
        case in two weeks.  The victims of these crimes deserve fast, as 
        well as efficient, results so their case can be heard and they can 
        begin to move forward with their lives. 

        "AB 855 explicitly allows counties to use remaining funds from the 
        state's DNA Identification Fund to compensate law enforcement and 
        district attorneys in order to use independent laboratories to 
        accelerate the analysis of samples, in this case rape kits.

        "This bill offers the unique opportunity for local law enforcement 
        agencies to exponentially speed up the process at which these DNA 
        kits are currently being processed, without compromising the 
        results.

        "The bill does not impact funding distributed to the State lab under 
        the program.  AB 855 simply allows for remaining dollars otherwise 
        unusable at the local level."

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

        Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 319-3744 

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