BILL ANALYSIS �
AB 855
Page 1
ASSEMBLY THIRD READING
AB 855 (Ma and Hagman)
As Amended March 21, 2011
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Hill, Mitchell, | | |
| |Skinner | | |
| | | | |
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SUMMARY : Allows funds remaining in a local DNA Identification Fund
to be expended by a local law enforcement agency for the costs of
using an authorized, independent laboratory, other than the
Department of Justice (DOJ), to analyze and expedite the testing of
DNA samples. Specifically, this bill :
1)Provides reimbursements to a local sheriff, police, district
attorney, or regional state crime laboratory for expenditures and
administrative costs made or incurred for utilizing a laboratory
that meets state and federal requirements, as specified.
2)Requires authorization by a resolution of the county board of
supervisors.
EXISTING LAW :
1)States that except as otherwise provided in this section, for the
purpose of implementing the DNA Fingerprint, Unsolved Crime and
Innocence Protection Act, there shall be levied an additional
penalty of $1 for every $10, or part of $10, in each county upon
every fine, penalty, or forfeiture imposed and collected by the
courts for all criminal offenses, including all offenses involving
a violation of the Vehicle Code or any local ordinance adopted
pursuant to the Vehicle Code.
2)States that the penalty imposed by this section shall be collected
together with and in the same manner as specified sections. These
moneys shall be taken from fines and forfeitures deposited with
the county treasurer prior to any divisions as specified. The
board of supervisors shall establish in the county treasury a DNA
Identification Fund into which shall be deposited the collected
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moneys pursuant to this section. The moneys of the fund shall be
allocated.
3)States that this additional penalty does not apply to the
following:
a) Any restitution fine;
b) Specified penalties authorized under the Penal Code;
c) Specified parking offenses; and,
d) The state surcharge authorized by the Penal Code,
4)Provides that the fund moneys described, together with any
interest earned thereon, shall be held by the county treasurer
separate from any funds subject to transfer or division pursuant
to Penal Code Section 1463. Deposits to the fund may continue
through and including the 20th year after the initial calendar
year in which the surcharge is collected, or longer if and as
necessary to make payments upon any lease or leaseback arrangement
utilized to finance any of the projects specified herein.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "AB 855 will allow law
enforcement and district attorneys to access the services of
independent crime laboratories for the purpose of expediting the
testing and analysis of DNA samples, primarily rape kits.
"Two years ago in Yuba County, biological samples from a rape case
involving a female AFB airperson, were submitted to the Department
of Justice for processing. The sample was submitted January 25th,
2008, but the DNA analysis was not returned until February 4th, 2009
- over a year later. During this period, the victim's deployment to
Afghanistan/Iraq was delayed. If Yuba County had been able to
contract independent laboratories for the analysis, the results
would have been expedited in as little as two weeks.
"In 2004, Proposition 69 was passed, increasing various fines to
assist with the funding for the DNA Identification Fund for DNA
labs, both state and local. Consequentially, the backlogs for DNA
testing have been eliminated in several counties due to an increase
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in funds in their DNA Identification Fund accounts.
"However, the backlog of DNA remains an issue for California as it
hinders the successful removal of criminals from the streets due to
a vast amount of pending cases. In 2008, the Los Angeles Police
Department noted 6,132 rape kits containing various DNA materials
gathered from the bodies of victims and from the crime scenes. This
is evidence that would likely assist with the proper identification
of criminals. At the end of February 2011, the California
Department of Justice reported a backlog of 35,409 DNA samples. But
on a larger scale, 400,000 untested rape kits remain in police
storage throughout the United States.
"Some counties right now may have to wait well over a year for a DNA
result; however, a private lab can produce the results for that same
case in two weeks. The victims of these crimes deserve fast, as
well as efficient, results so their case can be heard and they can
begin to move forward with their lives.
"AB 855 explicitly allows counties to use remaining funds from the
state's DNA Identification Fund to compensate law enforcement and
district attorneys in order to use independent laboratories to
accelerate the analysis of samples, in this case rape kits.
"This bill offers the unique opportunity for local law enforcement
agencies to exponentially speed up the process at which these DNA
kits are currently being processed, without compromising the
results.
"The bill does not impact funding distributed to the State lab under
the program. AB 855 simply allows for remaining dollars otherwise
unusable at the local level."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744
FN: 0000347