BILL NUMBER: AB 909	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Quirk
   (Principal coauthor: Assembly Member Burke)

                        FEBRUARY 26, 2015

   An act to add Section 680.1 to the Penal Code, relating to sexual
assault crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 909, as introduced, Quirk. Sexual assault crimes.
   Existing law, the Sexual Assault Victims' DNA Bill of Rights,
authorizes a law enforcement agency investigating certain felony sex
offenses, upon the request of the victim, and subject to the
commitment of sufficient resources, to inform the victim whether a
DNA profile was obtained from the testing of the rape kit evidence or
other crime scene evidence from the case, whether that information
has been entered into the Department of Justice Data Bank of case
evidence, and whether there is a match between the DNA profile
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. Existing law also requires that the victim be
given written notification by the law enforcement agency if the law
enforcement agency elects not to perform DNA testing of the rape kit
evidence or other crime scene evidence, or intends to destroy or
dispose of the rape kit evidence or other crime scene evidence prior
to the expiration of the statute of limitations. Existing law
provides that the sole civil or criminal remedy available to a sexual
assault victim for a law enforcement agency's failure to fulfill its
responsibilities under the Sexual Assault Victims' DNA Bill of
Rights is standing to file a writ of mandamus to require compliance
with these notification provisions.
   This bill would require a law enforcement agency responsible for
taking or processing rape kit evidence to annually report, by July 1
of each year, to the Department of Justice information pertaining to
the processing of rape kits, including the number of rape kits the
law enforcement agency collects, the number of those rape kits that
are tested, and the number of those rape kits that are not tested.
For those rape kits that are not tested, the bill would require the
law enforcement agency to also report the reason the rape kit was not
tested. By imposing additional duties on local law enforcement
agencies, this bill would impose a state-mandated local program.
   The bill would require, beginning January 1, 2017, and each
January 1 after that date, the Department of Justice to submit a
report to the appropriate policy committees of the Legislature
summarizing the information the department receives pursuant to these
provisions.
   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 680.1 is added to the Penal Code, to read:
   680.1.  (a) A law enforcement agency responsible for taking or
processing rape kit evidence shall annually report, by July 1 of each
year, all of the following information to the Department of Justice:

   (1) The number of rape kits the law enforcement agency collects.
   (2) The number of rape kits the law enforcement agency collects
that are tested.
   (3) (A) The number of rape kits the law enforcement agency
collects that are not tested.
   (B) For a rape kit described in subparagraph (A), the law
enforcement agency shall also report to the Department of Justice the
reason the rape kit was not tested.
   (b) (1) Notwithstanding Section 10231.5 of the Government Code,
beginning January 1, 2017, and each January 1 after that date, the
Department of Justice shall submit a report to the appropriate policy
committees of the Legislature summarizing the information the
department receives pursuant to subdivision (a).
   (2) The report described in paragraph (1) shall be submitted in
compliance with Section 9795 of the Government Code.
  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.