BILL ANALYSIS Ó
AB 909
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ASSEMBLY THIRD READING
AB
909 (Quirk)
As Introduced February 26, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Public Safety |5-0 |Quirk, | |
| | |Jones-Sawyer, | |
| | |Lackey, Low, | |
| | |Santiago | |
| | | | |
|----------------+------+--------------------+----------------------|
|Appropriations |13-0 |Gomez, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: 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 of the following information to the DOJ:
a) The number of rape kits the law enforcement agency
collects;
b) The number of rape kits the law enforcement agency
collects that are tested; and
c) The number of rape kits the law enforcement agency
collects that are not tested and the reason the rape kit was
not tested.
2)Requires, beginning January 1, 2017, and each January 1st after
that date, DOJ to submit a report to the appropriate policy
committees of the Legislature summarizing the information DOJ
receives pursuant to the provisions in this bill.
3)States that the report shall be submitted in compliance with
requirements in existing statutes relating to submission of
reports by state or local agencies.
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 deoxyribonucleic
acid (DNA) profile of the assailant was obtained from the
testing of the rape kit evidence or other crime scene
evidence from their case;
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 DOJ Data Bank of
case evidence; and
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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 Legislative finding that law enforcement agencies
have an obligation to victims of sexual assaults in the proper
handling, retention, and timely DNA testing of rape kit evidence
or other crime scene evidence and to be responsive to victims
concerning the developments of forensic testing and the
investigation of their cases.
3)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 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.
4)Specifies that the crime lab should do one of the following for
any sexual assault forensic evidence received by the crime lab
on or after January 1, 2016:
a) Process sexual assault forensic evidence, create DNA
profiles when able, and upload qualifying DNA profiles into
the Combined DNA Index System (CODIS) as soon as practically
possible, but not later than 120 days after initially
receiving the evidence; or
b) Transmit the sexual assault forensic evidence to another
crime lab as soon as practically possible, but no later than
30 days after initially receiving the evidence for processing
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of the evidence for the presence of DNA. If a DNA profile is
created, the transmitting crime lab should upload the profile
into CODIS as soon as practically possible, but no later than
30 days after being notified about the presence of DNA.
5)Provides that the above provisions establishing timelines for
testing DNA do not require a lab to test all items of forensic
evidence obtained in a sexual assault forensic evidence
examination. A lab is considered to be in compliance with the
guidelines set forth in those provisions when representative
samples of the evidence are processed by the lab in an effort to
detect the foreign DNA of the perpetrator.
6)Defines "rapid turnaround DNA program" as a program for the
training of sexual assault team personnel in the selection of
representative samples of forensic evidence from the victim to
be the best evidence, based on the medical evaluation and
patient history, the collection and preservation of that
evidence, and the transfer of the evidence directly from the
medical facility to the crime lab, which is adopted pursuant to
a written agreement between the law enforcement agency, the
crime lab, and the medical facility where the sexual assault
team is based.
7)States if the law enforcement agency elects not to analyze DNA
evidence within six months prior to the established time limits,
a victim of a sexual assault offense as specified, shall be
informed, either orally or in writing, of that fact by the law
enforcement agency.
8)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:
a) The crime is one that requires the defendant to register
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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.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Moderate reimbursable mandated local costs for providing the
information to the DOJ in excess of $150,000 (General Fund), 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: 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
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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.
"Law enforcement agencies are not required to track or report the
number of rape kits they collect or how many go unanalyzed.
Further, investigators are not required to document their reasons
for not submitting a rape kit to be tested. Due to the lack of
tracking and reporting requirements, the total number of
unanalyzed kits statewide is unknown. The unknown number of
unanalyzed kits that are sitting in evidence rooms across the
state allow perpetrators to walk free and deprive victims of
justice.
"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."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0000657
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