BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1744 (Cooper) - Sexual assault forensic medical evidence kit ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 5, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 1744 would require the Department of Justice (DOJ), 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 kit for use by all California jurisdictions. Fiscal Impact: Office of Emergency Services (Cal OES) : Minor, absorbable administrative costs. Cal OES does not project any changes to current funding (Federal Funds / state funds) of the Medical Forensic Training Center to accommodate the potential revision of informational guidelines or training on the standardized sexual assault medical evidence kits. DOJ : Minor, absorbable impact to participate in the development of the kit. AB 1744 (Cooper) Page 1 of ? State/local law enforcement agencies : Unknown; potential future increases or decreases in state (General Fund) and local law enforcement agency costs (Local Funds) for sexual assault medical evidence kits. As the bill requires state and local agencies to retain responsibility for their costs to purchase the kits, the impact to agencies would be dependent on the volume of kits purchased and the price of the standardized kit to be developed, which is unknown. State agencies that may be impacted include the Department of Corrections and Rehabilitation, the California Highway Patrol, and the Department of State Hospitals. Because the bill does not mandate use of the standardized kit by all California jurisdictions nor require any additional activities to be conducted, any costs to local agencies are projected to be non-reimbursable. Background: Under existing, law, the Office of Emergency Services (Cal OES), with the assistance of an advisory committee, is required 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 evidence therefrom. The protocol is required to contain recommended methods for meeting specified standards including specific procedures. (Penal Code (PC) § 13823.5 (a).) To ensure the delivery of standardized curriculum, essential for consistent examination procedures throughout the state, existing law provides that one hospital-based training center shall be established through a competitive bidding process to train medical personnel on how to perform medical evidentiary examinations for victims of child abuse or neglect, sexual assault, domestic violence, elder abuse, and abuse or assault perpetrated against persons with disabilities. The center also shall provide training for investigative and court personnel involved in dependency and criminal proceedings, on how to interpret the findings of medical evidentiary examinations. The training provided by the training center shall be made available to medical personnel, law enforcement, and the courts throughout the state. (PC § 13823.93 (b).) In addition to the protocol, the Cal OES is required to develop informational guidelines, containing general reference information on evidence collection and examination of victims of, and psychological and medical treatment for victims of, AB 1744 (Cooper) Page 2 of ? sexual assault and attempted sexual assault, including child molestation. (PC § 13823.5 (b).) In developing the protocol and the informational guidelines, the Cal OES and the advisory committee are required to seek the assistance and guidance of organizations assisting victims of sexual assault; qualified health care professionals, criminalists, and administrators who are familiar with emergency room procedures; victims of sexual assault; and law enforcement officials. Existing law requires the Cal OES, in cooperation with the State Department of Public Health (DPH) and the DOJ, to adopt a standard and a complete form or forms for the recording of medical and physical evidence data disclosed by a victim of sexual assault or attempted sexual assault, including child molestation. (Penal Code (PC) § 13823.5.) Proposed Law: This bill would require the DOJ's Bureau of Forensic Services, the California Association of Crime Laboratory Directors, and the California Association of Criminalists to provide leadership and work collaboratively with public crime laboratories to develop a standardized sexual assault forensic medical evidence kit for use by all California jurisdictions. Specifically, this bill: Specifies the packaging and appearance of the kit may vary, but the kit shall contain a minimum number of basic components and also clearly permit swabs or representative evidence samples to be earmarked for a rapid turnaround DNA program, as defined, when applicable. Requires the collaboration to establish the basic components for a standardized sexual assault forensic medical evidence kit to be completed by January 30, 2018, and shall be conducted in conjunction with the California Clinical Forensic Medical Training Center, authorized under existing law, 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. AB 1744 (Cooper) Page 3 of ? Requires, on or before May 30, 2019, the California Clinical Forensic Medical Training Center, in coordination with the DOJ's Bureau of Forensic Services, the California Association of Crime Laboratory Directors, and the California Association of Criminalists, to issue guidelines pertaining to the use of the standardized sexual assault kit components throughout the state. Provides that every local and state agency shall remain responsible for its own costs in purchasing a standardized sexual assault forensic medical evidence kit. Provides that failure to use the standardized sexual assault forensic medical evidence kit shall not constitute grounds to exclude evidence. Related Legislation: AB 1475 (Cooper) Chapter 210/2015 authorizes each county to establish and implement an interagency sexual assault response team (SART) program for the purpose of, among other things, effectively addressing the problem of sexual assault. AB 1517 (Skinner) Chapter 874/2014 sets timelines for law enforcement agencies and crime labs to perform and process DNA testing of rape kit evidence. Staff Comments: Existing law requires the Cal OES, in cooperation with the Department of Public Health (DPH) and the DOJ, to adopt a standard and a complete form or forms for the recording of medical and physical evidence data disclosed by a victim of sexual assault. (Penal Code § 13823.5(c).) Given DPH's involvement in the existing process for the collection of evidence, it is unclear whether an amendment to include the DPH in the development process may be warranted. AB 1744 (Cooper) Page 4 of ? -- END --