BILL ANALYSIS �
AJR 45
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ASSEMBLY THIRD READING
AJR 45 (Skinner)
As Introduced April 10, 2014
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, |
| |Jones-Sawyer, Quirk, |
| |Skinner, Stone, Waldron |
| | |
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SUMMARY : 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. 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
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can yield matches with other cases in which the suspect is
unknown, resulting in "cold hits" connecting the known suspect
to other crimes.
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 delay 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% to 70%, compared to
24% 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,
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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
struggled over the past decade to meet the demand for DNA
testing for all types of crimes. Crime labs were able to
process 10% more cases in 2011 than in 2009, but they also
received 16.4% 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 United States Congress, and to the author for appropriate
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distribution.
EXISTING LAW :
1)States the intent of the Legislature that a law enforcement
agency assigned to investigate specified sexual assault
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.
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.
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.
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.
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:
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
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years from the date of the offense.
6)States, notwithstanding any other limitation of time
described, prosecution for a specified felony sex offense
shall be commenced within 10 years after the commission of the
offense.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author:
California Penal Code [Section] 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
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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 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.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Stella Choe / PUB. S. / (916) 319-3744
FN: 0003316