BILL ANALYSIS
AB 1017
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1017 (Portantino and Brownley)
As Amended August 19, 2009
Majority vote
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|ASSEMBLY: |78-0 |(June 2, 2009) |SENATE: |34-0 |(September 2, |
| | | | | |2009) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires every local law enforcement agency responsible
for taking or processing rape evidence annually report to the
Department of Justice (DOJ) the total number of rape kits received
and tested during the preceding calendar year, the total number of
untested rape kits in its possession as of January 1 of the
reporting year, and the total number of rape kits destroyed during
the preceding calendar year and the number of rape kits that law
enforcement has requested be tested that remain untested, and in
each case, the number of rape kits for which the identity of the
suspect is unknown and the number of rape kits for which the
identity is contested.
The Senate amendments :
1)Eliminate the mandate that local law enforcement report the total
number of sexual assault crimes, as specified to the DOJ in its
jurisdiction.
2)States the reports received by the DOJ pursuant to the
requirements of this bill are subject to inspection under the
California Public Records Act, as specified.
3)States that for the information gathered by local law enforcement
and reported to DOJ pursuant to the provisions of this bill, local
law enforcement must also include the number of rape kits for
which the identity of the suspect is unknown and the number of
rape kits for which the identity is contested.
4)Includes information regarding the number of rape kits law
enforcement has requested be tested that remain untested.
5)Specifies the initial report to the DOJ as required by this bill
shall be made by July 1, 2011.
AB 1017
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EXISTING LAW :
1)States that upon the request of a sexual assault victim the law
enforcement agency investigating a violation of specified violent
sex offenses, may inform the victim of the status of the DNA
testing of the rape kit evidence or other crime scene evidence
from the victim's case. The law enforcement agency may, at its
discretion, require that the victim's request be in writing. The
law enforcement agency may respond to the victim's request with
either an oral or written communication, or by electronic mail, if
an electronic mail address is available. Nothing in this
subdivision requires that the law enforcement agency communicate
with the victim or the victim's designee regarding the status of
DNA testing absent a specific request from the victim or the
victim's designee.
2)Provides, notwithstanding any other limitation of time described
in this chapter, 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:
a) The crime is one that is described in the sex offense
registration statute; and,
b) 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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Stated the initial report to the DOJ, as specified above, shall
include available statistics for the previous five years.
2)Mandated each law enforcement agency annually report to the DOJ
the total number of sexual assault crimes reported in its
jurisdiction that would require registration as a sex offender, as
specified. The report shall be provided to the DOJ in a form that
reports the crimes by the code section violated.
3)Stated these requirements shall only be in effect until July 1,
2015, and be repealed in January 1, 2016 unless extended.
AB 1017
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FISCAL EFFECT : According to the Senate Appropriations Committee,
mandate on local law enforcement agencies unknown, likely in excess
of $50,000.
COMMENTS : According to the author, "Last year, it was discovered
that law enforcement agencies in Los Angeles City and County had
thousands of rape kits in their evidence freezers that had not been
tested. There were even some kits that had been held in excess of
the 10-year statute of limitations for the crime of rape. Since
that time, both the City and County of Los Angeles have committed
themselves to opening and testing of every rape kit in their
evidence rooms.
"A rape kit is the physical evidence, often including DNA, that is
collected after a sexual assault. Timely testing of rape kits is
essential in identifying and convicting perpetrators who are
frequently repeat offenders. A representative of women's issues has
been quoted as saying, 'When a rape is committed, the victim's body
is the crime scene. They consent to its search in the same way that
a person who has suffered a property crime consents to a search of
their home, though it's themselves these victims are opening to
inspection.' To treat evidence gathered at that excruciating moment
in their lives by not testing it, she said, 'betrays the victim's
faith in the criminal justice system.'
"It is vital that evidence of these crimes be processed. The New
York City Police Department in 1996 had over 17,000 untested rape
kits in its possession. At this time, they only had a capacity to
test 100 to 150 rape kits a year while they were getting about 1,600
new kits each year. They made the commitment to test the backlog of
rape kits and all kits received in the future. After their backlog
of kits were tested, they discovered 2,000 'hits' - or DNA matches -
leading to the solving of 154 cold rape cases, including the heinous
attacks on two teenagers by a serial rapist."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744 FN: 0002637