Amended in Senate May 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 1744

Introduced by Assembly Member Cooper

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(Coauthors: Assembly Members Baker, Chávez, Chiu, Gallagher, Cristina Garcia, Gipson, Kim, Maienschein, Olsen, and Rodriguez)

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(Coauthors: Senators Anderson, Bates, Cannella, Galgiani, Hall, and Jackson)

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February 1, 2016

An act to begin insert amend Section 13823.12 of, and to end insert add Section 13823.14 begin delete to end delete begin insert to, end insert the Penal Code, relating to sexual assault.

LEGISLATIVE COUNSEL’S DIGEST

AB 1744, as amended, Cooper. Sexual assault forensic medical evidence kit.

Existing law requires the Office of Emergency Services to establish a protocol for the examination and treatment of victims of sexual assault and attempted sexual assault, including child molestation, and the collection and preservation of related evidence. begin insert Existing law provides failure to comply with this protocol does not constitute grounds to exclude evidence and prohibits a judge from instructing the trier of fact in a case that less weight be given to the evidence based on failure to comply. end insert Existing law also establishes one hospital-based training center to train medical personnel on how to perform medical evidentiary examinations for victims of child abuse or neglect, sexual assault, and other similar crimes.

This bill would require the Department of Justice’s Bureau of Forensic Services, the California Association of Crime Laboratory Directors, and the California Association of Criminalists to work collaboratively with public crime laboratories, in conjunction with the California Clinical Forensic Medical Training Center, to develop a standardized sexual assault forensic medical evidence begin delete kit end delete begin insert kit, as specified, end insert to be used by all California jurisdictions. begin insert The bill would encourage those entities to collaborate and establish the basic components for a kit by January 30, 2018, and would require guidelines pertaining to the use of the kit’s components to be distributed throughout the state by May 30, 2019. The bill would require every local and state agency to be responsible for its own costs in purchasing a kit. The bill would also provide that failure to use a kit does not constitute grounds to exclude evidence and prohibits a judge from instructing the trier of fact in a case that less weight be given to the evidence based on failure to comply. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 13823.12 of the end insert begin insert Penal Code end insert begin insert is amended
to read: end insert

13823.12.  

Failure to comply fully with Section 13823.11 or
with the protocol or guidelines, or to utilize the form established
by the Office of Emergency begin delete Services, end delete begin insert Services or the standardized
sexual assault forensic medical evidence kit described in Section
13823.14, end insert shall not constitute grounds to exclude evidence, nor
shall the court instruct or comment to the trier of fact in any case
that less weight may be given to the evidence based on the failure
to comply.

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 13823.14 is added to the Penal Code, to read:

13823.14.  

begin insert (a) end insert begin insert   end insert The Department of Justice’s Bureau of Forensic
Services, the California Association of Crime Laboratory Directors,
and the California Association of Criminalists shall provide
leadership and work collaboratively with public crime laboratories
to develop a standardized sexual assault forensic medical evidence
kit begin delete to be used end delete begin insert for use end insert by all California jurisdictions. The packaging
and appearance of the kit may vary, but begin delete the elements of end delete the kit
shall begin delete be comparable with end delete begin insert contain end insert a minimum number of begin delete similar
components. This work shall be completed in conjunction with
the California Clinical Forensic Medical Training Center,
established by Section 13823.93, which has responsibility for the
development of sexual assault forensic medical examination
procedures and sexual assault standardized forensic medical report
forms, and the statutory directive to train sexual assault and child
sexual abuse forensic medical examiners who complete and submit
these evidence kits to crime laboratories. end delete begin insert basic components and
also clearly permit swabs or representative evidence samples to
be earmarked for a rapid turnaround DNA program, as defined
in subparagraph (E) of paragraph (7) of subdivision (b) of Section
680, when applicable. end insert

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(b) The collaboration to establish the basic components for a
standardized sexual assault forensic medical evidence kit should
be completed by January 30, 2018, and shall be conducted in
conjunction with the California Clinical Forensic Medical Training
Center, authorized by Section 13823.93, that is responsible for
the development of sexual assault forensic medical examination
procedures and sexual assault standardized forensic medical report
forms and for providing training programs.

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(c) On or before May 30, 2019, the California Clinical Forensic
Medical Training Center, in coordination with the Department of
Justice’s Bureau of Forensic Services, the California Association
of Crime Laboratory Directors, and the California Association of
Criminalists, shall issue guidelines pertaining to the use of the
standardized sexual assault kit components throughout the state.

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(d) Every local and state agency shall remain responsible for
its own costs in purchasing a standardized sexual assault forensic
medical evidence kit.

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