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 --