BILL ANALYSIS �
AB 322
Page 1
ASSEMBLY THIRD READING
AB 322 (Portantino)
As Amended May 27, 2011
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-0
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|Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Yamada | |Bradford, Charles |
| | | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman | | |
| | | | |
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SUMMARY : Mandates law enforcement agencies responsible for
taking or collecting rape kit evidence to annually report to the
Department of Justice (DOJ) statistical information pertaining
to testing and submission of DNA analysis of rape kits, as
specified. Specifically, this bill :
1)Requires each local law enforcement agency responsible for
taking or collecting rape kit evidence to collect the
following information for kits collected on or after January
1, 2012:
a) 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;
b) 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;
c) 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;
d) The number of rape kits law enforcement submitted for
AB 322
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DNA analysis that remain untested and, of that, the number
of which the identity of the assailant is unknown; and,
e) 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.
2)Provides that law enforcement agencies responsible for taking
or collecting rape kit evidence shall report to the DOJ, by
July 1 of each year, information collected, as specified,
during the preceding year. The initial report, as specified,
shall be made by July 1, 2013. The reports are subject to
inspection under the California Public Records Act, as
specified.
3)Sunsets provisions of this bill on July 1, 2017.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor reimbursable local reporting costs.
COMMENTS : According to the author, "In 2009 the DOJ reported
8,698 forcible rapes in California. The number of arrests
reported for 2009 was 2,050. This is a statewide arrest rate of
23.6%. Ten years ago in 1999 the arrest rate was 30.6% (2,887
arrests ? 9,443 forcible rapes = 30.6%).
"As reported on the Attorney General's website: In 2009 there
were 174,579 violent crimes reported. Of these crimes, 8,698 or
5% were forcible rapes. Of the arrests for violent crime
reported in 2009, only 1.7% or 2050 were for forcible rape.
"Statewide the arrest rate for reported forcible rapes in 2009
was only 23.6% (2050 arrests divided by 8,698 rapes reported).
"A decade ago, when New York City began testing every rape kit,
their arrest rate went from 40% to around 70%. If California
made arrests on 70% of the reported forcible rapes, we would
have made an additional 4,038 arrests in 2009.
"As reported in the Los Angeles Times, there were over 10,000
unopened rape kits in Los Angeles County in 2008. �This bill]
seeks to shed light on the problem of untested rape kit evidence
from sexual assaults and help bring rapists to justice.
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" 'It's unconscionable that thousands of rape kits remain
unopened and untested across California,' stated Portantino.
'Rape kits hold vital evidence that is crucial to a criminal
conviction, while the clock is ticking on bringing justice to
victims. It's frustrating to know that a rapist could be
walking free and a victim who suffered is further disrespected
because a vital piece of evidence went untested.'
"The Rape, Abuse and Incest Network reports that 1 in 6 women
and 1 in 33 men will be sexually assaulted in their lifetimes,
but only 6% of rapists will ever spend a day in jail. Rape kits
hold potentially crucial information from the crime scene. DNA
evidence from the kits is used to compare samples from known
felons in State and Federal databases. If you don't process the
evidence, you can't check it against the database.
" 'I introduced this bill to protect the women and children in
our communities by making sure that our law enforcement agencies
are doing all they can to provide justice for the victims of
these horrible crimes,' explained Portantino. 'As we've seen
over and over again in news reports, evidence from rape kits
sits untested in police lockers throughout the state. And,
while police and sheriff's departments in Los Angeles have made
strides in processing some 10,000 backlogged kits, this bill
will ensure that in the future, rape kits are opened and
processed in a timely manner.' "
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Stefani Salt / PUB. S. / (916) 319-3744
FN: 0001028