BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2499


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          Date of Hearing:  April 27, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          2499 (Maienschein) - As Amended March 15, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill requires the Department of Justice (DOJ), on or before  
          July 1, 2018, and in consultation with law enforcement agencies  
          and crime victims groups, to update Sexual Assault Forensic  
          Evidence Tracking (SAFE-T) to allow victims to access the  
          database to review the disposition of their rape kit.


          FISCAL EFFECT:


          Unknown moderate cost to DOJ, probably in excess of $300,000,  
          for computer programming and development to provide rape victims  








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          secure access to SAFE-T, a law enforcement-only database at this  
          time.  


          COMMENTS:


          1)Background.  Current law requires law enforcement agencies to  
            inform victims of sexual assault, as specified, if the law  
            enforcement agency intends to destroy a rape kit in an  
            unsolved case prior to the expiration of the statute of  
            limitations for the underlying sexual assault offense.  And it  
            allows law enforcement agencies to inform victims of sexual  
            assault, as specified, of the status of their rape kit when  
            the victim requests an update.  

            Current law also provides sexual assault victims the following  
            rights, subject to the commitment of sufficient resources to  
            respond to requests for information:

             a)   The right to be informed whether or not a DNA profile of  
               the assailant was obtained from the testing of their rape  
               kit or from other evidence from the crime scene,

             b)   The right to be informed whether or not the DNA profile  
               of the assailant has been entered into DOJ's Data Bank of  
               case evidence, and

             c)   The right to be informed whether or not there was a  
               match between the DNA profile of the assailant and a DNA  
               profile contained in the combined DNA Index System (CODIS),  
               provided that disclosure would not impede or compromise an  
               ongoing investigation.  
            SAFE-T was created by DOJ in 2015 in part to help track how  
            many rape kits were not being tested and why, to help  
            determine the scope of the problem and to determine if  
            mandatory testing may lead to the apprehension of more repeat  
            offenders or the exoneration of more criminal defendants.   
            SAFE-T is accessible only by law enforcement agencies and DOJ,  








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            due to the sensitive investigatory and privacy concerns of the  
            information contained in the database.  The database includes  
            the disposition of rape kits both at the local law enforcement  
            agency investigating the sexual assault allegation and the  
            disposition of rape kits that have been sent to a crime  
            laboratory for testing.


          2)Purpose. According to the author, "The upgrade required in AB  
            2499, will give a victim of sexual assault the ability to  
            track the progress of their DNA kit while it is being analyzed  
            and processed in the crime lab via a secure, electronic  
            process. This will provide the victims with peace of mind by  
            being able to see where their kit is in the process and ensure  
            that law enforcement is doing their duty to analyze the DNA  
            kit in a timely manner."


          3)Interaction with AB 1848 (Chiu).  AB 2499 will not provide  
            information regarding why a rape kit has or has not been  
            tested, but AB 1848 (Chiu) requires more information to be  
            entered into SAFE-T that victims will be able to access if  
            both bills are enacted. Currently, neither crime laboratories  
            nor law enforcement agencies are required to test rape kits,  
            nor are they currently required to include in SAFE-T the  
            reasons why any particular rape kit has not been tested.  AB  
            1848 (Chiu), requires law enforcement agencies to include the  
            reason or reasons why each rape kit under their control has  
            not been tested.


          4)Related Legislation: 

             a)   AB 1848 (Chiu), discussed above, is also on today's  
               calendar. 

             b)   AB 909 (Quirk), which is very similar to AB 1848, was  
               held on Senate Appropriations Committee Suspense file..









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          5)Prior Legislation:  

             a)   AB 1517 (Skinner), Chapter 874, Statutes of 2014,  
               encourages law enforcement agencies to submit sexual  
               assault forensic evidence received by the agency to a crime  
               lab within 20 days after it is booked into evidence, and  
               ensure that a rapid turnaround DNA program is in place to  
               submit forensic evidence collected from the victim of a  
               sexual assault to a crime lab within five days after the  
               evidence is obtained from the victim.

             b)   AB 558 (Portantino), of the 2009-2010 Legislative  
               Session, would have required local law enforcement agencies  
               responsible for taking or collecting rape kit evidence to  
               annually report to the Department of Justice statistical  
               information pertaining to the testing and submission for  
               DNA analysis of rape kits.  This bill was vetoed by  
               Governor Schwarzenegger.  

             c)   AB 898 (Chu), Chapter 537, Statutes of 2003, established  
               the "Sexual Assault Victims' DNA Bill of Rights."


          





          Analysis Prepared by:Pedro Reyes / APPR. / (916)  
          319-2081
















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