BILL ANALYSIS Ó AB 909 Page 1 Date of Hearing: April 29, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair AB 909 (Quirk) - As Introduced February 26, 2015 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 909 Page 2 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 AB 909 Page 3 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 AB 909 Page 4 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 AB 909 Page 5 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 AB 909 Page 6