AB 1517, as amended, 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 wouldbegin insert, with respect to specific sex offenses,end insert encourage a law enforcement agencybegin insert
in whose jurisdiction the sexual assault offense occurredend insert to submit sexual assault forensic evidencebegin insert received by the agency on or after January 1, 2016,end insert to the crime labbegin delete as soon as practically possible, but no later than 5end deletebegin insert
within 10end insert days afterbegin delete beingend deletebegin insert it isend insert booked into evidence, andbegin delete thatend deletebegin insert ensure that a rapid turnaround DNA program, as defined, is in place to submit forensic evidence collected from the victim of a sexual assault to the crime lab within 5 days after the evidence is obtained from the victim. The bill would also encourageend insert the crime labbegin insert, with respect to sexual assault forensic evidence received by the lab on or after January 1, 2016, toend insert processbegin insert
thatend insert 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 thanbegin delete 30end deletebegin insert 60end insert days afterbegin insert initially receivingend insert the evidencebegin delete is submitted by a law enforcement agency, in order to assure the longest possible statute of limitationsend deletebegin insert, or to transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after initially receiving the evidence, as specifiedend insert.
The bill would alsobegin delete requireend deletebegin insert revise the provisions requiringend insert a law enforcement agency to inform victims of certain sexual assault offenses,begin insert
to make the requirement applicable without regard toend insert whetherbegin delete or notend delete the identity of the perpetrator is in issue, if the law enforcement agencybegin delete electsend deletebegin insert doesend insert notbegin delete toend delete analyze DNA evidencebegin insert, and to require those entities to notify the victimsend insert withinbegin delete certainend deletebegin insert 6 months of theend insert time limitsbegin insert
established under existing lawend insert. By imposingbegin delete additional requirementsend deletebegin insert a higher level of serviceend insert 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 680 of the Penal Code is amended to
2read:
(a) This section shall be known as and may be cited as
4the “Sexual Assault Victims’ DNA Bill of Rights.”
5(b) The Legislature finds and declares all of the following:
P3 1(1) Deoxyribonucleic acid (DNA) and forensic identification
2analysis is a powerful law enforcement tool for identifying and
3prosecuting sexual assault offenders.
4(2) Victims of sexual assaults have a strong interest in the
5investigation and prosecution of their cases.
6(3) Law enforcement agencies have an obligation to
victims of
7sexual assaults in the proper handling, retention and timely DNA
8testing of rape kit evidence or other crime scene evidence and to
9be responsive to victims concerning the developments of forensic
10testing and the investigation of their cases.
11(4) The growth of the Department of Justice’s Cal-DNA
12databank and the national databank through the Combined DNA
13Index System (CODIS) makes it possible for many sexual assault
14perpetrators to be identified after their first offense, provided that
15rape kit evidence is analyzed in a timely manner.
16(5) Timely DNA analysis of rape kit evidence is a core public
17safety issue affecting men, women, and children in the State of
18California. It is the intent of the Legislature, in order to further
19public safety, to encourage DNA
analysis of rape kit evidence
20within the time limits imposed by subparagraphs (A) and (B) of
21paragraph (1) of subdivision (g) of Section 803.
22(6) In order to assure the longest possible statute of limitations,
23pursuant to subparagraphs (A) and (B) of paragraph (1) of
24subdivision (g) of Section 803, the following should occur:
25(A) A law enforcement agency assigned to investigate a sexual
26assault offense specified in Section 261, 261.5, 262, 286, 288a, or
27289 should
submit sexual assault forensic evidence to the crime
28lab as soon as practically possible, but no later than five days after
29being booked into evidence.
30(B) The crime lab should process evidence, create DNA profiles
31when able, and upload qualifying DNA profiles into CODIS as
32soon as practically possible, but no later than 30 days after
33submission by a law enforcement agency.
34(6) In order to ensure that sexual assault forensic evidence is
35analyzed within the two-year timeframe required by subparagraphs
36(A) and (B) of paragraph (1) of subdivision (g) of Section 803 and
37to ensure the longest possible statute of limitations for sex
offenses,
38including sex offenses designated pursuant to those subparagraphs,
39the following should occur:
P4 1(A) A law enforcement agency in whose jurisdiction a sex offense
2specified in Section 261, 261.5, 262, 286, 288a, or 289 occurred
3should do one of the following for any sexual assault forensic
4evidence received by the law enforcement agency on or after
5January 1, 2016:
6(i) Submit sexual assault forensic evidence to the crime lab
7within 10 days after it is booked into evidence.
8(ii) Ensure that a rapid turnaround DNA program is in place
9to submit forensic evidence collected from the victim of a sexual
10assault directly from the medical facility where the victim is
11examined to the crime lab within five days after the evidence is
12obtained from the victim.
13(B) The crime lab should do one of the following for any sexual
14assault forensic evidence received by the crime lab on or after
15January 1, 2016.
16(i) Process sexual assault forensic evidence, create DNA profiles
17when able, and upload qualifying DNA profiles into CODIS as
18soon as practically possible, but no later than 60 days after initially
19receiving the evidence.
20(ii) Transmit the sexual assault forensic evidence to another
21crime lab as soon as practically possible, but no later than 30 days
22after initially receiving the evidence, for processing of the evidence
23for the presence of DNA. If a DNA profile is created, the
24transmitting crime lab should upload
the profile into CODIS as
25soon as practically possible, but no longer than 30 days after being
26notified about the presence of DNA.
27(C) This subdivision does not require a lab to test all items of
28forensic evidence obtained in a sexual assault forensic evidence
29examination. A lab is considered to be in compliance with the
30guidelines of this section when representative samples of the
31evidence are processed by the lab in an effort to detect foreign
32DNA of the perpetrator.
33(D) For purposes of this section, a “rapid turnaround DNA
34program” is a program for the training of sexual assault team
35personnel in the selection of representative samples of forensic
36evidence from the victim to be the best evidence, based on the
37medical evaluation and patient history, the collection and
38preservation of that evidence, and the transfer of the evidence
39directly from the medical facility to the crime
lab, which is adopted
40pursuant to a written agreement between the law enforcement
P5 1agency, the crime lab, and the medical facility where the sexual
2assault team is based.
3(7) For the purpose of this section, “law enforcement” means
4the law enforcement agency with the primary responsibility for
5investigating an alleged sexual assault.
6(c) (1) Upon the request of a sexual assault victim the law
7enforcement agency investigating a violation of Section 261, 261.5,
8262, 286, 288a, or 289 may inform the victim of the status of the
9DNA testing of the rape kit evidence or other crime scene evidence
10from the victim’s case. The law enforcement agency may, at its
11discretion, require that the victim’s request be in writing. The law
12enforcement agency may respond to the
victim’s request with
13either an oral or written communication, or by electronic mail, if
14an electronic mail address is available. Nothing in this subdivision
15requires that the law enforcement agency communicate with the
16victim or the victim’s designee regarding the status of DNA testing
17absent a specific request from the victim or the victim’s designee.
18(2) Subject to the commitment of sufficient resources to respond
19to requests for information, sexual assault victims have the
20following rights:
21(A) The right to be informed whether or not a DNA profile of
22the assailant was obtained from the testing of the rape kit evidence
23or other crime scene evidence from their case.
24(B) The right to be informed whether or not the DNA
profile
25of the assailant developed from the rape kit evidence or other crime
26scene evidence has been entered into the Department of Justice
27Data Bank of case evidence.
28(C) The right to be informed whether or not there is a match
29between the DNA profile of the assailant developed from the rape
30kit evidence or other crime scene evidence and a DNA profile
31contained in the Department of Justice Convicted Offender DNA
32Data Base, provided that disclosure would not impede or
33compromise an ongoing investigation.
34(3) This subdivision is intended to encourage law enforcement
35agencies to notify victims of information which is in their
36possession. It is not intended to affect the manner of or frequency
37with which the Department of Justice provides this information to
38law enforcement
agencies.
39(d) If the law enforcement agencybegin delete electsend deletebegin insert
doesend insert notbegin delete toend delete analyze
40DNA evidence withinbegin insert six months prior toend insert the time limits
P6 1established by subparagraphs (A) and (B) of paragraph (1) of
2subdivision (g) of Section 803, a victim of a sexual assault offense
3specified in Section 261, 261.5, 262, 286, 288a, or 289 shall be
4informed, either orally or in writing, of that fact by the law
5enforcement agency.
6(e) If the law enforcement agency intends to destroy or dispose
7of rape kit evidence or other crime scene evidence from an
8unsolved sexual assault case prior to the expiration of the statute
9of limitations as set forth in Section 803, a victim of a violation
10of Section 261, 261.5,
262, 286, 288a, or 289 shall be given written
11notification by the law enforcement agency of that intention.
12(f) Written notification under subdivision (d) or (e) shall be
13made at least 60 days prior to the destruction or disposal of the
14rape kit evidence or other crime scene evidence from an unsolved
15sexual assault case where the election not to analyze the DNA or
16the destruction or disposal occurs prior to the expiration of the
17statute of limitations specified in subdivision (g) of Section 803.
18(g) A sexual assault victim may designate a sexual assault victim
19advocate, or other support person of the victim’s choosing, to act
20as a recipient of the above information required to be provided by
21this section.
22(h)
It is the intent of the Legislature that a law enforcement
23agency responsible for providing information under subdivision
24(c) do so in a timely manner and, upon request of the victim or the
25victim’s designee, advise the victim or the victim’s designee of
26any significant changes in the information of which the law
27enforcement agency is aware. In order to be entitled to receive
28notice under this section, the victim or the victim’s designee shall
29keep appropriate authorities informed of the name, address,
30telephone number, and electronic mail address of the person to
31whom the information should be provided, and any changes of the
32name, address, telephone number, and electronic mail address, if
33an electronic mailing address is available.
34(i) A defendant or person accused or convicted of a crime against
35the victim shall have no standing to object to any
failure to comply
36with this section. The failure to provide a right or notice to a sexual
37assault victim under this section may not be used by a defendant
38to seek to have the conviction or sentence set aside.
39(j) The sole civil or criminal remedy available to a sexual assault
40victim for a law enforcement agency’s failure to fulfill its
P7 1responsibilities under this section is standing to file a writ of
2mandamus to require compliance with subdivision (d) or (e).
If the Commission on State Mandates determines that
4this act contains costs mandated by the state, reimbursement to
5local agencies and school districts for those costs shall be made
6pursuant to Part 7 (commencing with Section 17500) of Division
74 of Title 2 of the Government Code.
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