BILL ANALYSIS Ó AB 2499 Page 1 Date of Hearing: April 27, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2499 (Maienschein) - As Amended March 15, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|7 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- 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 AB 2499 Page 2 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, AB 2499 Page 3 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.. AB 2499 Page 4 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 AB 2499 Page 5