BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1017|
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THIRD READING
Bill No: AB 1017
Author: Portantino (D), et al
Amended: 8/19/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 7/14/09
AYES: Leno, Benoit, Cedillo, Hancock, Huff, Steinberg,
Wright
SENATE APPROPRIATIONS COMMITTEE : 13-0, 8/27/09
AYES: Kehoe, Cox, Corbett, Denham, Hancock, Leno, Oropeza,
Price, Runner, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 78-0, 6/2/09 - See last page for vote
SUBJECT : Sexual assault: rape kits
SOURCE : Author
DIGEST : This bill requires law enforcement agencies that
take or process rape kit evidence to report specified
information concerning the testing and destruction of that
evidence to the Department of Justice.
ANALYSIS : Current law sets forth the "Sexual Assault
Victims' DNA Bill of Rights," which enumerates in statute
certain provisions pertaining to victim notification of
certain information relating to their case, as specified.
(Penal Code 680.)
CONTINUED
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Current law provides that notwithstanding any other
limitation of time, a criminal complaint may be filed
within one year of the date on which the identity of the
suspect is conclusively established by DNA testing if both
of the following conditions are met:
1.The crime is one that is described in the sex offense
registration statute; and,
2.The offense was committed prior to January 1, 2001, and
biological evidence collected in connection with the
offense is analyzed for DNA type no later than January 1,
2004; or the offense was committed on or after January 1,
2001, and biological evidence collected in connection
with the offense is analyzed for DNA type no later than
two years from the date of the offense. (Penal Code
803(g)(1)(A)(B).)
Current law provides that a criminal complaint may be filed
within one year after a report to a law enforcement agency
that a person was the victim of a sexual offense while
under the age of 18 years. To file such a complaint, the
applicable limitation period must have expired and the
alleged crime must have involved substantial sexual conduct
corroborated by evidence, as specified. (Penal Code 803
(g)(1) and (h)(1).)
This bill requires each local law enforcement agency
responsible for taking or processing rape kit evidence to
annually report, by July 1 of each year, the following
information to the Department of Justice:
1.The total number of rape kits received during the
preceding calendar year and, of that total, the number of
rape kits for which the identity of the assailant is
unknown and the number of rape kits for which the
identity of the assailant is contested.
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 and
the number of rape kits for which the identity of the
assailant is contested.
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3.The total number of rape kits that law enforcement has
requested be tested and, of that total, the number of
rape kits for which the identity of the assailant is
unknown and the number of rape kits for which the
identity of the assailant is contested.
4.The number of rape kits that law enforcement has
requested be tested that remain untested and, of that
number, the number of rape kits for which the identity of
the assailant is unknown and the number of rape kits for
which the identity of the assailant is contested.
5.The total number of untested rape kits in its possession
as of January 1 of the reporting year.
6.The total number of rape kits destroyed during the
preceding calendar year.
This bill requires that the initial report to the
department shall be made by July 1, 2011. These reports
are subject to inspection under the California Public
Records Act.
This bill makes these provisions operative only until July
1, 2015, and sunset them on January 1, 2016.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Mandate on local law likely
very minor, if reimbursable General
enforcement agencies
SUPPORT : (Verified 8/28/09)
City of West Hollywood
San Francisco Women's Political Committee
California Commission on the Status of Women
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California Coalition Against Sexual Assault
Crime Victims United of California
ARGUMENTS IN SUPPORT : According to the author's office:
AB 1017 will require all local law enforcement
agencies in the state to report to the Department of
Justice the total number rape kits in their possession
that have not been tested or analyzed. The report
shall cover the number of kits by year and shall
initially cover the past five years.
It was only after disclosure of the large backlogs of
unopened kits in Los Angeles and the resulting public
outrage that the City and County of Los Angeles
finally agreed to inventory the number of untested
rape kits in their evidence lockers.
AB 1017 will provide for open government in our law
enforcement agencies by requiring them to disclose how
many rape kits they have not tested. Our communities
should know what their law enforcement agencies are
doing with the evidence of rapes and sexual crimes.
AB 1017 will also require local law enforcement
agencies to report the number of unopened rape kits
that have been destroyed and their policies for doing
so.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Tom
Berryhill, Blakeslee, Blumenfield, Brownley, Buchanan,
Caballero, Charles Calderon, Carter, Chesbro, Conway,
Cook, Coto, Davis, De La Torre, De Leon, DeVore, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Krekorian, Lieu, Logue,
Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava,
Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
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Torlakson, Torres, Torrico, Tran, Villines, Yamada, Bass
NO VOTE RECORDED: Bill Berryhill, Block
RJG:nl 8/28/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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