BILL NUMBER: SB 1352	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2010

INTRODUCED BY   Senator Wyland

                        FEBRUARY 19, 2010

   An act to  relating to business   add Section
680.2 to the Penal Code, relating to rape kits  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1352, as amended, Wyland.  Business regulation:
business permits.   Rape kits.  
   Existing law requires the establishment of protocols for the
examination and treatment of sexual assault victims, including the
collection and preservation of evidence. Existing law provides that a
law enforcement agency assigned to investigate certain sexual
assault offenses should perform DNA testing of rape kit evidence in a
timely manner.  
   This bill would require rape kits collected on or after January 1,
2011, in criminal investigations be processed and analyzed for
identification purposes within 30 days of delivery to law
enforcement. The bill would also require that all rape kits collected
prior to January 1, 2011, in criminal investigations be processed
and analyzed for identification purposes not later than January 1,
2012.  
   By imposing additional 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.  
   Existing law provides for the regulation of businesses by state
and local governments.  
   This bill would declare the intent of the Legislature to enact
legislation that would streamline and reduce the number of permits
that a business is required to acquire prior to starting up or
expanding its operations. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 680.2 is added to the 
 Penal Code   , to read:  
   680.2.  All rape kits collected on or after January 1, 2011, in
criminal investigations shall be processed and analyzed for
identification purposes within 30 days of delivery to law
enforcement. All rape kits collected prior to January 1, 2011, in
criminal investigations shall be processed and analyzed for
identification purposes not later than January 1, 2012. 
   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.  
  SECTION 1.   It is the intent of the Legislature
to enact legislation that would streamline and reduce the number of
permits that a business is required to acquire prior to starting up
or expanding its operations.