BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 909


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          Date of Hearing:  April 29, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          909 (Quirk) - As Introduced February 26, 2015


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill requires law enforcement agencies responsible for  
          taking or processing rape kit evidence to annually report to the  
          Department of Justice (DOJ) specified information pertaining to  








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          the processing of rape kits.  Specifically, this bill:  


          1)Provides that a law enforcement agency responsible for taking  
            or processing rape kit evidence shall annually report, by July  
            1 of each year, all specified information to the DOJ regarding  
            rape kits the law enforcement agency collects.

          2)Requires DOJ, beginning January 1, 2017, and each January 1  
            after, to submit a report to the appropriate policy committees  
            of the Legislature summarizing the information DOJ receives  
            pursuant to this bill.

          FISCAL EFFECT:


          1)Moderate reimbursable mandated local costs for providing the  
            information to the DOJ in excess of $150,000 (GF), if more  
            than 30 agencies submit claims in excess of $5,000 annually.   
            Reporting the reason why a rape kit was not tested will be  
            more resource intensive than providing statistical data.


          2)Minor annual absorbable costs to the DOJ for compiling the  
            data and submitting the annual report.


          COMMENTS:


          1)Background.  Current law specifies that law enforcement should  
            do one of the following for any sexual assault forensic  
            evidence received by the law enforcement agency on or after  
            January 1, 2015:

             a)   Submit sexual assault forensic evidence to the crime lab  
               within 20 days after it is booked into evidence; or

             b)   Ensure that a rapid turnaround DNA program is in place  








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               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. 

            Current law also specifies timelines a crime lab should follow  
            for any sexual assault forensic evidence received by the crime  
            lab on or after January 1, 2016.

          2)Purpose. According to the author, "Over the last several  
            years, hundreds of thousands of unanalyzed rape kits have been  
            discovered nationwide. In response, several states have passed  
            legislation that sets timelines for analyzing the kits in a  
            timely manner. Others passed measures to track and report rape  
            kits.  

            "An October 2014 California State Auditor report highlighted  
            the pressing need for California to more adequately track and  
            report rape kits and recommended that law enforcement agencies  
            report this information annually.

            "Tracking and reporting rape kits is essential to fully  
            understanding why investigators choose to send some kits to be  
            analyzed and not others.  It is essential to understand how  
            large the backlog really is in order to tackle the problem  
            effectively.  

            "AB 909 will require local law enforcement agencies to track  
            and report on the number of rape kits they collect, test and  
            how many go untested. For untested rape kits, law enforcement  
            agencies will be required to document the reason for not  
            submitting the kit to be tested.  Law enforcement agencies  
            will also be required to submit this information to the  
            Department of Justice annually."

          3)Argument in Support. The National Association of Social  
            Workers, California Chapter, in support of AB 909, states  
            "currently law enforcement agencies are not required to track  
            or report information about the number of rape kits they  








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            collect or how many go unanalyzed.  Due to the lack of  
            tracking and reporting requirements, the total number of  
            unanalyzed kits statewide is unknown.  The unknown number of  
            unanalyzed kits allow perpetrators to walk free and deprive  
            victims of justice."

          4)Argument in Opposition: According to the California State  
            Sheriffs' Association, "By requiring law enforcement agencies  
            to provide statistics to DOJ, AB 909 will create another  
            unfunded mandate and would place significant cost burdens on  
            these agencies in terms of resources and personnel.  Doing so  
            could inadvertently hamper our ability to process these kits.

          "Local law enforcement agencies are still dealing with the  
            effects of significant budget cuts over the last several years  
            while trying to maintain critical services. Adding an  
            additional reporting requirement would divert limited  
            resources away from providing current services."
          
          5)Prior Legislation:  

             a)   AB 1517 (Skinner), Chapter 874, Statutes of 2014,  
               established timelines for law enforcement agencies and  
               crime labs to perform and process DNA testing of rape kit  
               evidence.

             b)   SB 978 (DeSaulnier), Chapter 136, Statutes of 2014,  
               allows the hospital to notify the local rape victim  
               counseling center when the victim is presented to the  
               hospital for the medical or evidentiary physical  
               examination, upon approval of the victim.

             c)   AB 322 (Portantino), of the 2011-12 Legislative Session,  
               would have created a pilot project, commencing July 1, 2012  
               and ending on January 1, 2016, in 10 counties to have DOJ  
               test all rape kits collected after the start date of the  
               pilot project in those counties to determine if such  
               testing increases their arrest rates in rape cases.  AB 322  
               was vetoed, the Governor did not want to mandate  








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               participation on the 10 counties identified.

             d)   AB 558 (Portantino), of the 2009-10 Legislative Session,  
               would have required local law enforcement agencies  
               responsible for taking or collecting rape kit evidence to  
               annually report to the DOJ statistical information  
               pertaining to the testing and submission for DNA analysis  
               of rape kits, and would have made the reports subject to  
               inspection under the California Public Records Act.  AB 558  
               was vetoed, the Governor cited the precarious fiscal  
               conditions of crime laboratories.

             e)   AB 1017 (Portantino), of the 2009-10 Legislative  
               Session, would have required that beginning July 1, 2012,  
               and annually thereafter until July 1, 2016, each local law  
               enforcement agency responsible for taking or collecting  
               rape kit evidence shall annually report to the DOJ various  
               statistical information pertaining to the testing and  
               submission for DNA analysis of rape kits, as specified.  AB  
               1017 was vetoed, the Governor cited concerns over local  
               costs and diversion of scare resources to comply with the  
               provisions of this bill, and pointed out DOJ was not  
               required to do anything with the additional data.



          Analysis Prepared by:Pedro R. Reyes / APPR. / (916)  
          319-2081



















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