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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