BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1744|
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THIRD READING
Bill No: AB 1744
Author: Cooper (D), et al.
Amended: 5/5/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 76-0, 4/14/16 (Consent) - See last page for
vote
SUBJECT: Sexual assault forensic medical evidence kit
SOURCE: California Clinical Forensic Medical Training Center
DIGEST: This bill requires the Department of Justices 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 kit for use by all
California jurisdictions.
ANALYSIS:
Existing law:
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1)Codifies the "Sexual Assault Victims' DNA Bill of Rights."
(Penal Code, § 680.)
2)States that to ensure the delivery of standardized curriculum,
essential for consistent examination procedures throughout the
state, 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. (Penal Code, §
13823.99 (b).)
3)Requires the hospital based training center to provide
training for investigative and court personnel involved in
dependency and criminal proceedings, on how to interpret the
findings of medical evidentiary examinations. (Penal Code, §
13823.99 (b).)
4)Provides the training provided by the training center shall be
made available to medical personnel, law enforcement, and the
courts throughout the state and meet specified criteria.
(Penal Code, § 13823.99 (b) and (c).)
5)Requires the training center to develop and implement a
standardized training program for medical personnel that has
been reviewed and approved by a multidisciplinary peer review
committee. (Penal Code, § 13823.99 (d)(1).)
This bill:
1)Provides that 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
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forensic medical evidence for use by all California
jurisdictions.
2)Provides that 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 when applicable.
3)Provides that the collaboration to establish the basic
components for a standardized sexual assault forensic medical
evidence kit would be completed by January 30, 2018 and shall
be conducted in conjunction with the California Clinical
Forensic Medical Training Center that is responsible for the
development of sexual assault standardized forensic medical
report forms and for providing training programs.
4)Provides that 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.
5)Provides that every local and state agency shall remain
responsible for its own costs in purchasing a standardized
sexual assault forensic medical evidence kit.
6)Provides that failure to use the standardized sexual assault
forensic medical evidence kit created under this bill shall
not constitute grounds to exclude evidence.
Background
The U.S. Department of Justice developed a national protocol for
sexual assault examinations in 2004. The protocol has continued
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to be updated. This protocol was developed with the input of
national, local, and tribal experts throughout the country,
including law enforcement representatives, prosecutors,
advocates, medical personnel, forensic scientists, and others.
The protocol recommended that sexual assault examine kits meet
minimum standards. It also suggested standardization of sexual
assault evidence collection kits within a jurisdiction and
across a state, although it recognized potential issues with
standardization. (A National Protocol for Sexual Assault Medical
Forensic Examinations, U.S. DOJ, Office on Violence Against
Women, April 2013, p. 71.)
To the extent that evidence kits are standardized, the
protocol makes the following recommendations (Id. at p. 72.):
a) That a designated agency in the jurisdiction be
responsible for oversight of kit development and
distribution.
b) Ensure that facilities that conduct sexual assault
medical forensic exams are involved in kit development and
supplied with kits.
c) Work with relevant agencies (e.g., crime labs, law
enforcement agencies, exam facilities and examiner
programs, advocacy programs, and prosecutors' offices) to
keep abreast of related changes in technology, scientific
advances, and cutting-edge practice.
d) Review periodically (e.g., every 2 to 3 years) kit
efficiency and usefulness.
e) Make adjustments to the kit as necessary.
f) Establish mechanisms to ensure that kits at exam
facilities are kept up to date (e.g., if a new evidence
collection procedure is added, facilities need to know what
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additional supplies should be readily available).
The protocol recognized the potential challenges of a
standardized sexual assault evidence collection kit. Some
challenges could include building consensus across communities
regarding best practices, obtaining buy-in from involved
agencies, and costs to the state and local communities.
This bill has the Department of Justice's Bureau of Forensic
Services, the California Association of Criminalists and the
California Association of Crime Laboratories work together to
create a standardized sexual assault forensic medical kit for
use in California.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Senate Appropriations Committee:
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
California Clinical Forensic Medical 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.
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 this 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
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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.
SUPPORT: (Verified8/12/16)
California Clinical Forensic Medical Training Center (source)
Alameda County District Attorney
Attorney General's Office
California Association of Crime Laboratory Directors
California Coalition Against Sexual Assault
California District Attorneys Association
California Peace Officers' Association
California Sexual Assault Investigators Association
Crime Victims United of California
OPPOSITION: (Verified8/12/16)
None received
ASSEMBLY FLOOR: 76-0, 4/14/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey,
Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,
Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
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Wood, Rendon
NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian
Prepared by:Mary Kennedy / PUB. S. /
8/15/16 20:26:54
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