BILL ANALYSIS �
AJR 45
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Date of Hearing: May 6, 2014
Counsel: Stella Choe
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AJR 45 (Skinner) - As Introduced: April 10, 2014
SUMMARY : Urges Congress to approve President Obama's proposal
to provide $35 million to the states in order for the states to
process evidence from sexual assault forensic exams.
Specifically, this resolution :
1)Makes declarations regarding sexual violence and its impact on
society.
2)States that effective collection of forensic evidence is of
paramount importance to successfully prosecuting sex
offenders, as is performing sexual assault forensic exams in a
sensitive, dignified, and victim-centered manner.
3)States that sexual assault forensic examinations are
intrusive, lengthy, and complex medical examinations that take
an average of three to four hours.
4)States that a victim who agrees to a sexual assault forensic
exam reasonably expects evidence collected from that exam,
also referred to as a rape kit, to be analyzed. Untested
evidence from a sexual assault forensic exam means lost
opportunities to develop deoxyribonucleic acid (DNA) profiles,
search for matches, link cold cases, and bring justice and
resolution to the victim.
5)States that DNA can help identify unknown offenders, but most
sexual assaults are committed by persons known to the victim,
and, therefore, identity of the offender is not an issue in
most sexual assault cases. However, testing evidence from a
sexual assault forensic exam in those cases still has
evidentiary value because a DNA profile from the known suspect
can yield matches with other cases in which the suspect is
unknown, resulting in "cold hits" connecting the known suspect
to other crimes.
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6)States that tens of thousands, and possibly over 100,000, rape
kits are likely sitting unprocessed in California crime labs
and law enforcement evidence lockers.
7)States that there is no statewide data, but local studies
provide insight into the scope of the problem. In 2008, Los
Angeles County had more than 12,000 untested rape kits in its
custody, and in 2012, Alameda County estimated their backlog
of untested rape kits to be almost 2,000.
8)States that delays in testing evidence collected from a sexual
assault forensic exam can also preclude criminal charges from
ever being filed against alleged rapists who are identified
long after their crimes. Current state law provides a 10-year
statute of limitation for most rape cases, but has an
exception allowing criminal charges to be filed within one
year of the date when a suspect is conclusively identified in
cases involving DNA evidence, as long as the DNA is analyzed
within two years of the crime.
9)States that failure to test evidence collected from a sexual
assault forensic exam in a timely manner can be tragic, from
expired statutes of limitation that preclude prosecution even
if a suspect is later identified, to additional rape and
murder victims of serial rapists.
10)States that local jurisdictions that have implemented
mandatory testing policies for evidence collected from a
sexual assault forensic exam have impressive results to show
for their efforts. New York City tested 17,000 backlogged rape
kits in 2003 and implemented a policy to test every rape kit
in law enforcement custody, which led to 2,000 DNA matches,
200 cold case prosecutions, and an increase in the arrest rate
for the crime of rape from 40 percent to 70 percent, compared
to 24 percent nationally. Detroit, Michigan began testing a
backlog of over 11,000 untested rape kits, and has tested
1,404 kits resulting in 238 hits in the Combined DNA Index
System (CODIS). These CODIS matches have identified 46
potential serial rapists who are tied to rapes reported in 12
other states and the District of Columbia. In 2003, Fort
Worth, Texas began processing their backlog, which led to 200
DNA matches in CODIS, and to 47 arrests, 36 felony
convictions, and the apprehension of five serial rapists.
11)States that federal studies demonstrate that crimes labs have
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struggled over the past decade to meet the demand for DNA
testing for all types of crimes. Crime labs were able to
process 10 percent more cases in 2011 than in 2009, but they
also received 16.4 percent more requests for DNA testing in
that time. With demand continuing to outpace capacity, the
backlog in testing evidence collected from sexual assault
forensic exams may continue to grow.
12)States that processing evidence collected from a sexual
assault forensic exam is not enough, because when
jurisdictions process large volumes of evidence collected from
a sexual assault forensic exam, they also need the resources
to follow up on the leads, which requires trained detectives,
victim advocates, and prosecutors available and willing to
work together to pursue the new cases.
13)States that California is committed to enacting systematic
reforms to address, once and for all, the backlog of evidence
collected from a sexual assault forensic exam through the
combination of new screening techniques that have been proven
by the state crime laboratory, which is operated by the
Department of Justice, greater resources for law enforcement
agencies, and a cooperative effort to provide justice to all
survivors of sexual assault. Federal funding is crucial to
help California put these new initiatives in place to address
this problem
14)States that it is resolved by the Assembly and the Senate of
the State of California, jointly, that the Legislature urges
the United States Congress to approve President Obama's
proposal to provide $35 million to the states in order for the
states to process evidence from sexual assault forensic exams.
15)States that it is resolved that the Chief Clerk of the
Assembly transmit copies of this resolution to the President
and Vice President of the United States, to the Speaker of the
House of Representatives, to the Majority Leader of the
Senate, to each Senator and Representative from California in
the Congress of the United States, and to the author for
appropriate distribution.
EXISTING LAW :
1)States the intent of the Legislature that a law enforcement
agency assigned to investigate specified sexual assault
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offenses should perform DNA testing of rape kit evidence or
other crime scene evidence in a timely manner in order to
assure the longest possible statute of limitations. (Pen.
Code, � 680, subd. (b).)
2)States if the law enforcement agency elects not to analyze DNA
evidence within the established time limits, a victim of a
sexual assault offense as specified, where the identity of the
perpetrator is in issue, shall be informed, either orally or
in writing, of that fact by the law enforcement agency. (Pen.
Code, � 680, subd. (d).)
3)Requires, if the law enforcement agency intends to destroy or
dispose of rape kit evidence or other crime scene evidence
from an unsolved sexual assault case prior to the expiration
of the statute of limitations, a victim of sexual assault, as
specified, to be given written notification by the law
enforcement agency of that intention. (Pen. Code, � 680,
subd. (e).)
4)Provides that written notification shall be made at least 60
days prior to the destruction or disposal of the rape kit
evidence or other crime scene evidence from an unsolved sexual
assault case where the election not to analyze the DNA or the
destruction or disposal occurs prior to the expiration of the
statute of limitations. (Pen. Code, � 680, subd. (f).)
5)States notwithstanding any other limitation of time described,
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 (Pen. Code, � 803, subd. (g)(1)):
a) The crime is one that requires the defendant to register
as a sex offender; 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.
6)States, notwithstanding any other limitation of time
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described, prosecution for a specified felony sex offense
shall be commenced within 10 years after the commission of the
offense. (Pen. Code, � 801.1, subd. (b).)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "California
Penal Code 680, the Sexual Assault Victims' DNA Bill of
Rights, identifies DNA as a powerful tool for identifying and
prosecuting sexual assault offenders. Nevertheless, tens (and
possibly hundreds) of thousands of rape kits sit unprocessed
in California's crime labs and law enforcement evidence
lockers. While there is no statewide data to document the
problem, local studies provide insight. In 2008, Los Angeles
County had more than 12,000 untested rape kits in its custody.
In 2012, Alameda County estimated its backlog of untested rape
kits to be almost 2,000.
"A victim who agrees to a forensic examination after a sexual
assault reasonably expects evidence collected from that exam
to be analyzed. Untested rape kits mean lost opportunities to
develop DNA profiles, search for matches, link cold cases,
prosecute offenders, and bring resolution to rape victims.
Delays in testing can also preclude criminal charges from ever
being filed against rapists who are identified long after
their crimes.
"States and cities outside of California that have
systematically tested their backlogged rape kits have seen
phenomenal results. For example, New York City tested its
17,000 rape kit backlog in 2003 and implemented a policy to
test every rape kit in law enforcement custody. New York
City's arrest rate for rape jumped from 40% to 70% (compared
to 24% nationally and 31% in California). Clearing the
backlog led to 2,000 DNA matches and 200 cold case
prosecutions in New York City. Survivors of sexual assault in
California deserve similar results.
"Federal studies demonstrate that crime labs have struggled
over the past decade to meet the demand for DNA testing for
all types of crimes. While labs were able to process 10% more
cases in 2011 than in 2009, they also received 16.4% more
requests for DNA testing. And with demand continuing to
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outpace capacity, the rape kit backlog may continue to grow.
Resources for the testing of rape kits alone is not enough.
When jurisdictions test large volumes of rape kits, they also
need the resources to follow-up on the leads, which
necessitates trained detectives, victim advocates, and
prosecutors being available and willing to work together to
pursue the new cases. However, federal funding will help
California hold sexual offenders accountable and provide
closure and justice to survivors of sexual assault."
2)Background : As part of the 2015 Budget, President Obama has
proposed providing $35 million to the states in order for the
states to process evidence from sexual assault forensic exams.
The new grant program would provide funding to inventory and
test rape kits, develop "cold case" units to pursue new
investigative leads, and support victims throughout the
process. The grants could also be used to develop
evidence-tracking systems, train law enforcement on sexual
assault investigations, and conduct research on outcomes in
sexual assault cases.
"As of 2007, [Attorney General] AG Holder said 43 percent of
law enforcement agencies did not have computers to track
forensic evidence.' We have been asked to do more with less
... but we cannot and will not allow budget cuts to come at
expense of survivors of sexual assault,' he said.
"According to information from the White House, the budget the
president released yesterday provides $423 million to
reinforce efforts to combat and respond to violent crimes
against women. Even though prior investments have helped civil
and criminal justice systems be more responsive to victims,
and even though rates of domestic violence have dropped and
more perpetrators have been put behind bars, reducing such
violence and meeting the needs of the 1.3 million women
victimized by rape and sexual assault annually, and the nearly
seven million victims of intimate partner violence each year,
remains a critical priority.
"This funding includes $193 million for STOP Grants to Combat
Violence Against Women, $42 million to provide legal services
to victims, $27 million for the Sexual Assault Services
Program, and $11 million to reduce violent crimes against
women on campus."
( AJR 45
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tion-national-backlog-of-untested-rape-kits> (as of April 29,
2014).)
3)CODIS : According to the Federal Bureau of Investigation's
(FBI) web site, "CODIS is the acronym for the 'Combined DNA
Index System' and is the generic term used to describe the
FBI's program of support for criminal justice DNA databases as
well as the software used to run these databases. The
National DNA Index System or NDIS is considered one part of
CODIS, the national level, containing the DNA profiles
contributed by federal, state, and local participating
forensic laboratories.
"CODIS was designed to compare a target DNA record against the
DNA records contained in the database. Once a match is
identified by the CODIS software, the laboratories involved in
the match exchange information to verify the match and
establish coordination between their two agencies. The match
of the forensic DNA record against the DNA record in the
database may be used to establish probable cause to obtain an
evidentiary DNA sample from the suspect. The law enforcement
agency can use this documentation to obtain a court order
authorizing the collection of a known biological reference
sample from the offender. The casework laboratory can then
perform a DNA analysis on the known biological sample so that
this analysis can be presented as evidence in court."
(http://www.fbi.gov/about-us/lab/biometric-analysis/codis/codis
-and-ndis-fact-sheet (as of March 5, 2014).)
4)Argument in Support : Attorney General Kamala Harris writes,
"Untested forensic evidence kits are lost opportunities to
develop DNA profiles, search for matches, link cold cases,
prosecute offenders and bring resolution for rape victims.
Delays in testing can also prevent criminal charges from ever
being filed against offenders who are identified long after
they committed their crimes.
"President Obama recently proposed allocating $35 million to
local law enforcement agencies and crime labs, so that these
local jurisdiction can process untested kits. This funding is
crucial. Federal studies show that crime labs have struggled
over the past decade to meet the demand for DNA testing for
all types of crimes. While labs were able to process 10% more
cases in 2011 than in 2009, they also received 16.4% more
requests for DNA testing. With demand continuing to outpace
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capacity, the rape kit backlog may continue to grow."
5)Current Legislation : AB 1517 (Skinner) sets timelines for law
enforcement agencies and crime labs to perform and process
deoxyribonucleic acid (DNA) testing of rape kit evidence. AB
1517 is pending in the Committee on Appropriations.
6)Prior Legislation :
a) AB 322 (Portantino), of the 2011-12 Legislative Session,
would have created a pilot project, commencing July 1, 2012
and ending on January 1, 2016, in 10 counties to have DOJ
test all rape kits collected after the start date of the
pilot project in those counties to determine if such
testing increases their arrest rates in rape cases. AB 322
was vetoed.
b) SB 271 (Wyland), of the 2011-12 Legislative Session,
would have required law enforcement agencies to submit rape
kits to a laboratory within 10 business days of receipt and
would have required the laboratory to complete analysis of
that rape kit within 6 months of receipt if sufficient
staffing and resources are available. SB 271 would also
have required that the results of all rape kits submitted
for analysis be uploaded to the CAL-DNA Databank and the
Federal Bureau of Investigation CODIS. SB 271 was never
heard by the Senate Committee on Public Safety.
c) AB 558 (Portantino), of the 2009-10 Legislative Session,
would have required local law enforcement agencies
responsible for taking or collecting rape kit evidence to
annually report to the Department of Justice statistical
information pertaining to the testing and submission for
DNA analysis of rape kits, and would have made the reports
subject to inspection under the California Public Records
Act. AB 558 was vetoed.
d) AB 1017 (Portantino), of the 2009-10 Legislative
Session, would have required that beginning July 1, 2012,
and annually thereafter until July 1, 2016, each local law
enforcement agency responsible for taking or collecting
rape kit evidence shall annually report to the DOJ various
statistical information pertaining to the testing and
submission for DNA analysis of rape kits, as specified. AB
1017 was vetoed.
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REGISTERED SUPPORT / OPPOSITION :
Support
Alameda County Office of the District Attorney
California Attorney General Kamala Harris
Opposition
None
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744