BILL ANALYSIS Ó
AB 1517
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1517 (Skinner)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: |79-0 |(May 28, 2014) |SENATE: |33-0 |(August 22, |
| | | | | |2014) |
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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;
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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:
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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.
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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.
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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