BILL NUMBER: AB 558	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 11, 2010
	PASSED THE ASSEMBLY  AUGUST 16, 2010
	AMENDED IN SENATE  AUGUST 9, 2010
	AMENDED IN SENATE  APRIL 5, 2010
	AMENDED IN ASSEMBLY  OCTOBER 26, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Portantino

                        FEBRUARY 25, 2009

   An act to add and repeal Section 680.1 of the Penal Code, relating
to sexual assault crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 558, Portantino. Sexual assault crimes.
   Existing law, the Sexual Assault Victims' DNA Bill of Rights,
authorizes a law enforcement agency investigating certain felony sex
offenses, upon the request of the victim, and subject to the
commitment of resources, to inform the victim whether or not a DNA
profile was obtained from the testing of the rape kit evidence or
other crime scene evidence from the case, whether or not that
information has been entered into the Department of Justice Data Bank
of case evidence, and whether or not there is a match between the
DNA profile developed from the rape kit evidence or other crime scene
evidence and a DNA profile contained in the Department of Justice
Convicted Offender DNA Data Base, as specified. Existing law also
requires that the victim be given written notification by the law
enforcement agency if the law enforcement agency elects not to
perform DNA testing of the rape kit evidence or other crime scene
evidence, or intends to destroy or dispose of the rape kit evidence
or other crime scene evidence prior to the expiration of the statute
of limitations, as specified. Existing law provides that the sole
civil or criminal remedy available to a sexual assault victim for a
law enforcement agency's failure to fulfill its responsibilities
under the Sexual Assault Victims' DNA Bill of Rights is standing to
file a writ of mandamus to require compliance with these notification
provisions.
   This bill would require 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, as specified.
The initial report would be due by July 1, 2012. The reports received
would be subject to inspection under the California Public Records
Act. These provisions would become inoperative on July 1, 2016, and
would be repealed on January 1, 2017.
   By imposing additional reporting duties on local law enforcement
agencies, this bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 680.1 is added to the Penal Code, to read:
   680.1.  (a) Each local law enforcement agency responsible for
taking or collecting rape kit evidence shall collect the following
information for rape kits collected on or after January 1, 2011:
   (1) The total number of rape kits collected during the preceding
calendar year and, of that total, the number of rape kits for which
the identity of the assailant is unknown.
   (2) The total number of rape kits tested during the preceding
calendar year and, of that total, the number of rape kits for which
the identity of the assailant is unknown.
   (3) The total number of rape kits submitted for DNA analysis and,
of that total, the number of rape kits for which the identity of the
assailant is unknown.
   (4) The number of rape kits that law enforcement has submitted for
DNA analysis that remain untested and, of that number, the number of
rape kits for which the identity of the assailant is unknown.
   (5) The total number of untested rape kits that were not submitted
for DNA analysis in its possession as of January 1 of the reporting
year.
   (b) Each local law enforcement agency responsible for taking or
collecting rape kit evidence shall report, by July 1 of each year,
the information collected pursuant to this section during the
preceding year to the Department of Justice. The initial report to
the department pursuant to this subdivision shall be made by July 1,
2012.
   (c) The reports received by the department pursuant to subdivision
(b) are subject to inspection under the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
   (d) This section shall remain operative only until July 1, 2016,
and shall be repealed on January 1, 2017, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
  SEC. 2.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.