BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1744| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 1744 Page 2 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 AB 1744 Page 3 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 AB 1744 Page 4 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 AB 1744 Page 5 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 AB 1744 Page 6 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, AB 1744 Page 7 Wood, Rendon NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian Prepared by:Mary Kennedy / PUB. S. / 8/15/16 20:26:54 **** END ****