BILL ANALYSIS Ó
AB 1744
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1744 (Cooper)
As Amended May 5, 2016
Majority vote
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|ASSEMBLY: |76-0 |(April 14, |SENATE: |36-0 |(August 18, |
| | |2016) | | |2016) |
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Original Committee Reference: PUB. S.
SUMMARY: Requires the Department of Justice's 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, containing minimum
basic components, to be used by all California jurisdictions.
The Senate amendments:
1)Indicate that the basic components for a standardized sexual
assault forensic medical evidence kit should be completed by
January 30, 2018.
2)State that on or before May 30, 2019, the collaborative group
responsible for developing the sexual assault forensic medical
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kit shall issue guidelines pertaining to the use of kit
components throughout the state.
3)Require that the standardized sexual assault forensic medical
evidence kit permit swabs or representative evidence samples
to be earmarked for a rapid turnaround DNA program, as
specified.
4)Clarify that every local and state agency shall remain
responsible for its own costs in purchasing a standardized
sexual assault forensic medical evidence kit.
EXISTING LAW:
1)Codifies the "Sexual Assault Victims' DNA Bill of Rights."
2)Finds and declares the following as part of the Sexual Assault
Victims' DNA Bill of Rights:
a) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a powerful law enforcement tool for identifying
and prosecuting sexual assault offenders.
b) Existing law requires an adult arrested for or charged
with a felony and a juvenile adjudicated for a felony to
submit DNA samples as a result of that arrest, charge, or
adjudication.
c) Victims of sexual assaults have a strong interest in the
investigation and prosecution of their cases.
d) Law enforcement agencies have an obligation to victims
of sexual assaults in the proper handling, retention, and
timely DNA testing of rape kit evidence or other crime
scene evidence and to be responsive to victims concerning
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the developments of forensic testing and the investigation
of their cases.
e) The growth of the Department of Justice's Cal-DNA
databank and the national databank through the Combined DNA
Index System (CODIS) makes it possible for many sexual
assault perpetrators to be identified after their first
offense, provided that rape kit evidence is analyzed in a
timely manner.
f) Timely DNA analysis of rape kit evidence is a core
public safety issue affecting men, women, and children in
the State of California.
g) In order to ensure that sexual assault forensic evidence
is analyzed within the two-year timeframe, as specified,
and to ensure the longest possible statute of limitations
for sex offenses, including sex offenses designated
pursuant to those subparagraphs, the following should
occur:
i) A law enforcement agency whose jurisdiction is
specified sex offenses, should do one of the following
for any sexual assault forensic evidence received by the
law enforcement agency on or after January 1, 2016:
(1) Submit sexual assault forensic evidence to the
crime lab within 20 days after it is booked into
evidence.
(2) Ensure that a rapid turnaround DNA program is
in place to submit forensic evidence collected from
the victim of a sexual assault directly from the
medical facility where the victim is examined to the
crime lab within five days after the evidence is
obtained from the victim.
ii) The crime lab should do one of the following for any
sexual assault forensic evidence received by the crime
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lab on or after January 1, 2016:
(1) Process sexual assault forensic evidence,
create DNA profiles when able, and upload qualifying
DNA profiles into CODIS as soon as practically
possible, but no later than 120 days after initially
receiving the evidence.
(2) Transmit the sexual assault forensic evidence
to another crime lab as soon as practically possible,
but no later than 30 days after initially receiving
the evidence, for processing of the evidence for the
presence of DNA. If a DNA profile is created, the
transmitting crime lab should upload the profile into
CODIS as soon as practically possible, but no longer
than 30 days after being notified about the presence
of DNA.
3)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.
4)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.
5)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.
6)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.
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AS PASSED BY THE ASSEMBLY, this bill:
1)Directed the Department of Justice'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 to be used by all California
jurisdictions.
2)Allowed the packaging and appearance of the rape kits to vary,
but requires the elements of the kit shall be comparable with
a minimum number of similar components.
3)Required the development of the rape kit to be completed in
conjunction with the California Clinical Forensic Medical
Training Center, as specified.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)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.
2)DOJ: Minor, absorbable impact to participate in the
development of the kit.
3)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
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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.
COMMENTS: According to the author, "Sexual assault victims and
California communities expect effective and competent
intervention at from all disciplines in response to sexual
assault. Inter-agency cooperation and collaboration within
disciplines is essential to deliver optimum care to victims of
sexual assault.
"There are approximately 10-12 different sexual assault evidence
"rape kits" used in California. Some forensic medical
examination teams are required to be familiar with multiple kits
which creates the potential for error.
"Currently, crime laboratories create their own kits based on
the statutory exam elements and the required standard state
form. As a result, there are variations among crime
laboratories. Some exam teams serve multiple crime laboratories
depending upon which law enforcement jurisdiction the crime
occurred and must adapt to variations in crime laboratory
evidence kits.
"AB 1744 would require that the California Department of
Justice's Bureau of Forensic Services, the California
Association of Crime Laboratory Directors, the California
Association of Criminalists and the California Clinical Forensic
Medical Training Center to collaborate and develop a
standardized sexual assault evidence kit."
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0004739