BILL ANALYSIS Ó AB 1517 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1517 (Skinner) As Amended August 18, 2014 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |79-0 |(May 28, 2014) |SENATE: |33-0 |(August 22, | | | | | | |2014) | ----------------------------------------------------------------- Original Committee Reference: PUB. S. SUMMARY : Sets timelines for law enforcement agencies and crime labs to perform and process deoxyribonucleic acid (DNA) testing of rape kit evidence. The Senate amendments: 1)Extend the timeline for a law enforcement agency to submit sexual assault forensic evidence to the crime lab from 10 days to 20 days after it is booked into evidence. 2)Extend the timeline for a crime lab to process sexual assault forensic evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System (CODIS) from 60 days to 120 days after initially receiving the evidence. 3)Specify that this bill does not require a DNA profile to be uploaded into CODIS if the DNA profile does not meet the specified federal guidelines. 4)Delete references to "electronic mail" and replace with "email." EXISTING LAW : 1)Establishes the Sexual Assault Victims' DNA Bill of Rights which provides victims of sexual assault with 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; AB 1517 Page 2 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 (DOJ) Data Bank of case evidence; and, 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 DOJ Convicted Offender DNA Data Base, provided that disclosure would not impede or compromise an ongoing investigation. 2)States the intent of the Legislature that a law enforcement agency assigned to investigate specified sexual assault offenses should 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. 3)States if the law enforcement agency elects not to analyze DNA evidence within the established time limits, a victim of a sexual assault offense as specified, where the identity of the perpetrator is in issue, shall be informed, either orally or in writing, of that fact by the law enforcement agency. 4)Requires, 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, a victim of sexual assault, as specified, to be given written notification by the law enforcement agency of that intention. 5)Provides that written notification 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. 6)States notwithstanding any other limitation of time described, a criminal complaint may be filed within one year of the date on which the identity of the suspect is conclusively established by DNA testing, if both of the following conditions are met: AB 1517 Page 3 a) The crime is one that requires the defendant to register as a sex offender; and, b) The offense was committed prior to January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than January 1, 2004, or the offense was committed on or after January 1, 2001, and biological evidence collected in connection with the offense is analyzed for DNA type no later than two years from the date of the offense. 7)States, notwithstanding any other limitation of time described, prosecution for a specified felony sex offense shall be commenced within 10 years after the commission of the offense. AS PASSED BY THE ASSEMBLY , this bill sets timelines for law enforcement agencies and crime labs to perform and process DNA testing of rape kit evidence. FISCAL EFFECT : According to the Senate Appropriations Committee potentially major ongoing state, local, and special fund costs to meet the timeframes specified to submit and process forensic evidence, as follows: 1)Potentially significant annual costs (Special Fund*) to DOJ of less than $2 million for new staffing to handle the expedited workload and crime lab functions for 46 counties. As the DNA Identification Fund revenue stream is insufficient to support the potential cost increase, General Fund or another fund source would be required to support these costs. In addition, major cost pressure for additional facility space to accommodate the additional staffing. 2)Potentially significant non-reimbursable costs to local crime labs of less than $750,000 to meet the testing timeframes in the bill. The Los Angeles (LA) Crime Lab had indicated costs of about $500,000 to complete all sexual assault evidence in 60 days. Extending the time period to 120 days should significantly reduce these costs. Assuming LA County accounts for 30 percent of cases statewide, with DOJ processing another 25%, the remaining counties would account for the remaining 45% of cases, with total statewide costs estimated at less than $1 million. AB 1517 Page 4 3)Potentially significant ongoing non-reimbursable local law enforcement agency costs in the hundreds of thousands of dollars to meet the 20-day turnaround time for submittal of evidence to crime labs (current law does not specify a timeframe). 4)Potential ongoing state-reimbursable costs in excess of $50,000 to $100,000 (General Fund) to inform all sexual assault victims, regardless if the identity of the perpetrator is at issue, if the law enforcement agency does not analyze DNA evidence within six months prior to the time limits established under existing law (current law only requires notification when the identity of the perpetrator is at issue, and does not require notification if analysis has not been done six months prior to the two-year time limit). Costs would be dependent on the volume of notifications and method of notification (verbal or written) provided. 5)Unknown, potential future increase in state incarceration costs (General Fund) to the extent the expedited turnaround time of DNA testing enables additional prosecutions of sex offenses that would have otherwise been time barred under the existing statute of limitations. Additional commitments to prison could also prevent the commission of future crimes by these defendants. *DNA Identification Fund COMMENTS : According to the author "California Penal Code [Section] 680, the Sexual Assault Victims' DNA Bill of Rights, identifies DNA as a powerful tool for identifying and prosecuting sexual assault offenders. DNA is found on physical evidence, such as clothing or bedding, and on the victim's or the suspect's body. DNA is gathered from a victim in a specialized forensic medical examination. The forensic evidence is then collected and packaged in what is commonly referred to as a 'rape kit.' Once booked into evidence by law enforcement, the rape kit can be sent to a crime lab for processing and DNA analysis. At the crime lab, a DNA profile can be created if sufficient DNA from a perpetrator is found, and the perpetrator's DNA profile can be uploaded into the FBI's national DNA database, CODIS. "While DNA can help to identify unknown offenders, most sexual assaults are committed by persons who are known to the victim. AB 1517 Page 5 Therefore, identity is not an issue in most sexual assaults. But testing rape kits in those cases still has value. Even when an offender is known, uploading DNA profiles from the suspect can yield matches to other cases in which the suspect is unknown, resulting in 'cold hits' to connect the suspect with other unsolved crimes. "A victim who agrees to a forensic examination following a sexual assault reasonably expects that evidence collected from the exam will be analyzed. Untested rape kits mean lost opportunities to develop DNA profiles, search for matches, and link cold cases. Delays can also preclude criminal charges from ever being filed against rapists who are identified long after their crimes. Current state law provides a ten year-statute of limitations for most rape cases, but has an exception - allowing criminal charges to be filed within one year of the date when the suspect is conclusively identified - for cases involving DNA evidence as long as the DNA is analyzed within two years of the crime. (Penal Code Section 803(g)(1)(A)(B).) "The California Department of Justice has implemented a Rapid DNA Service (RDS) in 46 counties which could be a model for the entire state. Nurses who perform sexual assault examinations in those counties receive three probative body swabs in addition to the materials in regular rape kits, and send those three swabs directly to a DOJ lab for expedited processing. DOJ analyzes the swabs using large-batch automated DNA analysis, informs local law enforcement agencies of its findings, and uploads DNA profiles to CODIS when appropriate. In most cases, this process takes only 15 days." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744 FN: 0005002