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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