BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 2499 (Maienschein) - Sexual assault evidence kits ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: May 27, 2016 |Policy Vote: PUB. S. 7 - 0 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 1, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Bill Summary: AB 2499 would require the Department of Justice (DOJ), on or before July 1, 2018, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits. Fiscal Impact: Process development : One-time minor costs of less than $50,000 (General Fund) to the DOJ to develop a process by which victims may inquire regarding status of their sexual assault evidence kits. Process implementation : Unknown; potential future costs in excess of $100,000 (General Fund) in programming costs to enable victims to securely access the SAFE-T database, or alternatively, to support DOJ staffing to accept and process inquiries from victims and query the SAFE-T database internally to respond to requests. Potential costs would be dependent on the process established, which is undetermined at this time but required to be established by July 1, 2018. AB 2499 (Maienschein) Page 1 of ? Background: In its report, "Sexual Assault Evidence Kits: Although Testing All Kits Could Benefit Sexual Assault Investigations, the Extent of the Benefits Is Unknown," (Report 2014-109, October 2014), the California State Auditor noted the following results in brief: In the last few years, questions about why sexual assault evidence kits are not sent to crime labs for analysis have been raised at the state and national levels. For example, multiple news media outlets have covered stories about unanalyzed sexual assault evidence kits that exist across several jurisdictions in the country. Several major metropolitan areas, including Detroit, Michigan; Memphis, Tennessee; and Los Angeles County, have been the subject of national attention focused on the number of sexual assault evidence kits that law enforcement agencies in these jurisdictions did not send for analysis. In a May 2011 special report titled The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases, the National Institute of Justice - the research arm of the federal Department of Justice - stated that untested sexual assault kit evidence is being discovered at law enforcement agencies across the country. While the report acknowledges that there may be legitimate reasons why a sexual assault evidence kit is not sent for analysis, it concludes that more information is needed about why agencies decide to send some kits but not others. The California State Auditor made several recommendations in its report, including but not limited to the following: To establish more comprehensive information about sexual assault evidence kits, specifically the number of kits collected and the number of kits analyzed across the State, the Legislature should direct law enforcement agencies to report to Justice annually how many sexual assault evidence kits they collect and how many kits they analyze each year. The Legislature should also require an annual report from Justice that details this information. AB 2499 (Maienschein) Page 2 of ? To provide the Legislature and the public with more complete information about agency decisions not to analyze sexual assault evidence kits, the Legislature should direct agencies to report annually to Justice their reasons for not analyzing sexual assault evidence kits. The Legislature should require an annual report from Justice that details this information. As stated in this measure's legislative findings and declarations, "There is a significant public interest in knowing the percentage of rape kit biological samples that are analyzed for the perpetrator's DNA profile, as well as the reason that untested rape kit samples are not analyzed. It is the intent of the Legislature in enacting this section, pursuant to recommendations by the California State Auditor to the Joint Legislative Audit Committee, to correct that. In 2015, the Department of Justice created the Sexual Assault Forensic Evidence Tracking (SAFE-T) database to track the status of all sexual assault evidence kits collected in the state based on voluntary data input from law enforcement agencies." This bill seeks to provide sexual assault victims with a means to inquire and receive information on the status of their sexual assault evidence kits. Proposed Law: This bill requires the DOJ, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits. Related Legislation: AB 1848 (Chiu) 2016 would require local law enforcement agencies to periodically update the Sexual Assault Forensic Evidence Tracking (SAFE-T) database on the disposition of all sexual assault evidence kits in their custody, as specified. This bill is scheduled to be heard today by this Committee. AB 2499 (Maienschein) Page 3 of ? Staff Comments: The DOJ has indicated minor one-time costs to develop a process by which victims may inquire regarding status of their sexual assault evidence kits. The costs to implement the process, however, cannot be determined at this time, and would be dependent on the process developed by the DOJ in consultation with law enforcement agencies and crime victims groups. To the extent the process established enables victims to securely access the SAFE-T database to obtain information on the status of their sexual assault evidence kits, the DOJ could incur one-time programming costs in the hundreds of thousands of dollars (General Fund). Alternatively, to the extent a process is established that requires DOJ staff to accept and process requests from victims, which are then handled internally to query the SAFE-T database, Recommended Amendments: This bill contains codified findings and declarations. In the interest of code clarity and efficiency, staff recommends this bill be amended to place the findings and declarations in an uncodified section of the bill. -- END --