California Legislature—2013–14 Regular Session

Assembly Bill No. 1517

Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Buchanan, Melendez, Olsen, and Waldron)

(Coauthor: Senator Hill)

January 15, 2014

An act to amend Section 680 of the Penal Code, relating to DNA evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1517, as introduced, Skinner. DNA evidence.

Existing law establishes the “Sexual Assault Victims’ DNA Bill of Rights,” which, among other things, encourages a law enforcement agency assigned to investigate specified sexual assault offenses to perform DNA testing of rape kit evidence or other crime scene evidence in a timely manner to assure the longest possible statute of limitations. Existing law also requires a law enforcement agency to inform victims of certain sexual assault offenses, if the identity of the perpetrator is in issue, if the law enforcement agency elects not to analyze DNA evidence within certain time limits.

This bill instead would encourage a law enforcement agency to submit sexual assault forensic evidence to the crime lab as soon as practically possible, but no later than 5 days after being booked into evidence, and that the crime lab process evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System as soon as practically possible, but no later than 30 days after the evidence is submitted by a law enforcement agency, in order to assure the longest possible statute of limitations. The bill would also require a law enforcement agency to inform victims of certain sexual assault offenses, whether or not the identity of the perpetrator is in issue, if the law enforcement agency elects not to analyze DNA evidence within certain time limits. By imposing additional requirements 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.

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

The people of the State of California do enact as follows:

SECTION 1.  

Section 680 of the Penal Code is amended to
read:

680.  

(a) This section shall be known as and may be cited as
the “Sexual Assault Victims’ DNA Bill of Rights.”

(b) The Legislature finds and declares all of the following:

(1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a powerful law enforcement tool for identifying and
prosecuting sexual assault offenders.

(2) Victims of sexual assaults have a strong interest in the
investigation and prosecution of their cases.

(3) Law enforcement agencies have an obligation to victims of
sexual assaults in the proper handling, retention and timely DNA
testing of rape kit evidence or other crime scene evidence and to
be responsive to victims concerning the developments of forensic
testing and the investigation of their cases.

(4) The growth of the Department of Justice’s Cal-DNA
databank and the national databank through the Combined DNA
Index System (CODIS) makes it possible for many sexual assault
perpetrators to be identified after their first offense, provided that
rape kit evidence is analyzed in a timely manner.

(5) Timely DNA analysis of rape kit evidence is a core public
safety issue affecting men, women, and children in the State of
California. It is the intent of the Legislature, in order to further
public safety, to encourage DNA analysis of rape kit evidence
within the time limits imposed by subparagraphs (A) and (B) of
paragraph (1) of subdivision begin delete (i) end delete begin insert (g) end insert of Section 803.

(6)  begin delete A law end delete begin insert In order to assure the longest possible statute of
limitations, pursuant to subparagraphs (A) and (B) of paragraph
(1) of subdivision ( end insert begin insert g) of Section 803, the following should occur: end insert

begin insert (A) end insert begin insert   end insert begin insert A law end insert enforcement agency assigned to investigate a sexual
assault offense specified in Section 261, 261.5, 262, 286, 288a, or
289 should begin delete perform DNA testing of rape kit evidence or other
crime scene evidence in a timely manner in order to assure the
longest possible statute of limitations, pursuant to subparagraphs
(A) and (B) of paragraph (1) of subdivision (i) of Section 803. end delete
begin insert submit sexual assault forensic evidence to the crime lab as soon
as practically possible, but no later than five days after being
booked into evidence. end insert

begin insert

(B) The crime lab should process evidence, create DNA profiles
when able, and upload qualifying DNA profiles into CODIS as
soon as practically possible, but no later than 30 days after
submission by a law enforcement agency.

end insert

(7) For the purpose of this section, “law enforcement” means
the law enforcement agency with the primary responsibility for
investigating an alleged sexual assault.

(c) (1) Upon the request of a sexual assault victim the law
enforcement agency investigating a violation of Section 261, 261.5,
262, 286, 288a, or 289 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) Subject to the commitment of sufficient resources to respond
to requests for information, sexual assault victims have the
following rights:

(A) The right to be informed whether or not a DNA profile of
the assailant was obtained from the testing of the rape kit evidence
or other crime scene evidence from their case.

(B) The right to be informed whether or not the DNA profile
of the assailant developed from the rape kit evidence or other crime
scene evidence has been entered into the Department of Justice
Data Bank of case evidence.

(C) The right to be informed whether or not there is a match
between the DNA profile of the assailant developed from the rape
kit evidence or other crime scene evidence and a DNA profile
contained in the Department of Justice Convicted Offender DNA
Data Base, provided that disclosure would not impede or
compromise an ongoing investigation.

(3) This subdivision is intended to encourage law enforcement
agencies to notify victims of information which is in their
possession. It is not intended to affect the manner of or frequency
with which the Department of Justice provides this information to
law enforcement agencies.

(d) If the law enforcement agency elects not to analyze DNA
evidence within the time limits established by subparagraphs (A)
and (B) of paragraph (1) of subdivision begin delete (i) end delete begin insert (g) end insert of Section 803, a
victim of a sexual assault offense specified in Section 261, 261.5,
262, 286, 288a, or begin delete 289, where the identity of the perpetrator is in
issue, end delete begin insert 289 end insert shall be informed, either orally or in writing, of that fact
by the law enforcement agency.

(e) If the law enforcement agency intends to destroy or dispose
of rape kit evidence or other crime scene evidence from an
unsolved sexual assault case prior to the expiration of the statute
of limitations as set forth in Section 803, a victim of a violation
of Section 261, 261.5, 262, 286, 288a, or 289 shall be given written
notification by the law enforcement agency of that intention.

(f) Written notification under subdivision (d) or (e) shall be
made at least 60 days prior to the destruction or disposal of the
rape kit evidence or other crime scene evidence from an unsolved
sexual assault case where the election not to analyze the DNA or
the destruction or disposal occurs prior to the expiration of the
statute of limitations specified in subdivision begin delete (i) end delete begin insert (g) end insert of Section
803.

(g) A sexual assault victim may designate a sexual assault victim
advocate, or other support person of the victim’s choosing, to act
as a recipient of the above information required to be provided by
this section.

(h)  It is the intent of the Legislature that a law enforcement
agency responsible for providing information under subdivision
(c) do so in a timely manner and, upon request of the victim or the
victim’s designee, advise the victim or the victim’s designee of
any significant changes in the information of which the law
enforcement agency is aware. In order to be entitled to receive
notice under this section, the victim or the victim’s designee shall
keep appropriate authorities informed of the name, address,
telephone number, and electronic mail address of the person to
whom the information should be provided, and any changes of the
name, address, telephone number, and electronic mail address, if
an electronic mailing address is available.

(i) A defendant or person accused or convicted of a crime against
the victim shall have no standing to object to any failure to comply
with this section. The failure to provide a right or notice to a sexual
assault victim under this section may not be used by a defendant
to seek to have the conviction or sentence set aside.

(j) The sole civil or criminal remedy available to a sexual assault
victim for a law enforcement agency’s failure to fulfill its
responsibilities under this section is standing to file a writ of
mandamus to require compliance with subdivision (d) or (e).

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.