Amended in Senate August 18, 2014

Amended in Assembly May 23, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1517

Introduced by Assembly Member Skinner

(Coauthors: Assembly Members Atkins, Bonta, Brown, Buchanan, Chávez, Eggman, Fong, Garcia, Gonzalez, Melendez, Olsen, Quirk, Stone, Ting, Waldron, and Wieckowski)

(Coauthors: Senators Corbett, Hill, Lieu, Vidak, and Wyland)

January 15, 2014

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

LEGISLATIVE COUNSEL’S DIGEST

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 would, with respect to specific sex offenses, encourage a law enforcement agency in whose jurisdiction the sexual assault offense occurred to submit sexual assault forensic evidence received by the agency on or after January 1, 2016, to the crime lab within begin delete 10 end delete begin insert 20 end insert days after it is booked into evidence, and 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 encourage the crime lab, with respect to sexual assault forensic evidence received by the lab on or after January 1, 2016, to process that 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 begin delete 60 end delete begin insert 120 end insert days after initially receiving the evidence, 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 specified. The bill would also revise the provisions requiring a law enforcement agency to inform victims of certain sexual assault offenses, to make the requirement applicable without regard to whether the identity of the perpetrator is in issue, if the law enforcement agency does not analyze DNA evidence, and to require those entities to notify the victims within 6 months of the time limits established under existing law. By imposing a higher level of service 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.

begin insert

(2) Existing law requires an adult arrested for or charged with
a felony and a juvenile adjudicated for a felony to submit DNA
samples as a result of that arrest, charge, or adjudication.

end insert begin delete

(2)

end delete

begin insert ( end insert begin insert 3) end insert  Victims of sexual assaults have a strong interest in the
investigation and prosecution of their cases.

begin delete

(3)

end delete

begin insert ( end insert begin insert 4) end insert  Law enforcement agencies have an obligation to victims of
sexual assaults in the proper handling, retention begin insert , end insert 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.

begin delete

(4)

end delete

begin insert ( end insert begin insert 5) end insert  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.

begin delete

(5)

end delete

begin insert ( end insert begin insert 6) end insert  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 (g) of Section 803.

begin delete

(6)

end delete

begin insert ( end insert begin insert 7) end insert  In order to ensure that sexual assault forensic evidence is
analyzed within the two-year timeframe required by subparagraphs
(A) and (B) of paragraph (1) of subdivision (g) of Section 803 and
to ensure the longest possible statute of limitations for sex offenses,
including sex offenses designated pursuant to those subparagraphs,
the following should occur:

(A) A law enforcement agency in whose jurisdiction a sex
offense specified in Section 261, 261.5, 262, 286, 288a, or 289
begin delete occurred end delete begin insert occurred, end insert should do one of the following for any sexual
assault forensic evidence received by the law enforcement agency
on or after January 1, 2016:

(i) Submit sexual assault forensic evidence to the crime lab
within begin delete 10 end delete begin insert 20 end insert days after it is booked into evidence.

(ii) Ensure that a rapid turnaround DNA program is in place to
submit forensic evidence collected from the victim of a sexual
assault directly from the medical facility where the victim is
examined to the crime lab within five days after the evidence is
obtained from the victim.

(B) The crime lab should do one of the following for any sexual
assault forensic evidence received by the crime lab on or after
January 1, 2016.

(i) Process sexual assault forensic evidence, create DNA profiles
when able, and upload qualifying DNA profiles into CODIS as
soon as practically possible, but no later than begin delete 60 end delete begin insert 120 end insert days after
initially receiving the evidence.

(ii) 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, for processing of the evidence
for the presence of DNA. If a DNA profile is created, the
transmitting crime lab should upload the profile into CODIS as
soon as practically possible, but no longer than 30 days after being
notified about the presence of DNA.

(C) This subdivision does not require a lab to test all items of
forensic evidence obtained in a sexual assault forensic evidence
examination. A lab is considered to be in compliance with the
guidelines of this section when representative samples of the
evidence are processed by the lab in an effort to detect begin insert the end insert foreign
DNA of the perpetrator.

begin insert

(D) This section does not require a DNA profile to be uploaded
into CODIS if the DNA profile does not meet federal guidelines
regarding the uploading of DNA profiles into CODIS.

end insert begin delete

(D)

end delete

begin insert ( end insert begin insert E) end insert  For purposes of this section, a “rapid turnaround DNA
program” is a program for the training of sexual assault team
personnel in the selection of representative samples of forensic
evidence from the victim to be the best evidence, based on the
medical evaluation and patient history, the collection and
preservation of that evidence, and the transfer of the evidence
directly from the medical facility to the crime lab, which is adopted
pursuant to a written agreement between the law enforcement
agency, the crime lab, and the medical facility where the sexual
assault team is based.

begin delete

(7)

end delete

begin insert ( end insert begin insert 8) end insert  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 begin delete victim end delete begin insert victim, end insert 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 begin delete electronic mail, end delete
begin insert email, end insert if an begin delete electronic mail end delete begin insert em end insert begin insert ail end insert 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 does not analyze DNA
evidence within six months prior to the time limits established by
subparagraphs (A) and (B) of paragraph (1) of subdivision (g) of
Section 803, a victim of a sexual assault offense specified in
Section 261, 261.5, 262, 286, 288a, or 289 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 (g) 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 begin delete electronic mail end delete begin insert email end insert address of the person
to whom the information should be provided, and any changes of
the name, address, telephone number, and begin delete electronic mail end delete begin insert email end insert
address, if an begin delete electronic mailing end delete begin insert email end insert 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.