BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1744 (Cooper) - Sexual assault forensic medical evidence kit
          
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          |Version: May 5, 2016            |Policy Vote: PUB. S. 7 - 0      |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          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.







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            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,  








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          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.









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                 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.











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