Existing law, the Sexual Assault Victims DNA Bill of Rights, expresses findings and declarations of the Legislature stating, among other things, that timely deoxyribonucleic acid (DNA) analysis of rape kit evidence is a core public safety issue affecting men, women, and children in this state. Existing law authorizes a law enforcement agency, upon the request of a sexual assault victim, to inform the victim of the status of the testing of the DNA rape kit evidence or other crime scene evidence from the victims case, as specified. If the agency does not analyze that evidence within 6 months of the statute of limitations for filing a criminal complaint in a sexual assault case, as specified, or if the 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, existing law requires that a victim of a sexual assault be informed of that fact or that intention.

This bill would require the Department of Justice, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

Existing law, the Sexual Assault Victims DNA Bill of Rights, expresses findings and declarations of the Legislature stating, among other things, that timely deoxyribonucleic acid (DNA) analysis of rape kit evidence is a core public safety issue affecting men, women, and children in this state. Existing law authorizes a law enforcement agency, upon the request of a sexual assault victim, to inform the victim of the status of the testing of the DNA rape kit evidence or other crime scene evidence from the victims case, as specified. If the agency does not analyze that evidence within 6 months of the statute of limitations for filing a criminal complaint in a sexual assault case, as specified, or if the 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, existing law requires that a victim of a sexual assault be informed of that fact or that intention.

This bill would require the Department of Justice, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

Existing law, the Sexual Assault Victims DNA Bill of Rights, expresses findings and declarations of the Legislature stating, among other things, that timely deoxyribonucleic acid (DNA) analysis of rape kit evidence is a core public safety issue affecting men, women, and children in this state. Existing law authorizes a law enforcement agency, upon the request of a sexual assault victim, to inform the victim of the status of the testing of the DNA rape kit evidence or other crime scene evidence from the victims case, as specified. If the agency does not analyze that evidence within 6 months of the statute of limitations for filing a criminal complaint in a sexual assault case, as specified, or if the 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, existing law requires that a victim of a sexual assault be informed of that fact or that intention.

This bill would require the Department of Justice, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

Existing law, the Sexual Assault Victims DNA Bill of Rights, expresses findings and declarations of the Legislature stating, among other things, that timely deoxyribonucleic acid (DNA) analysis of rape kit evidence is a core public safety issue affecting men, women, and children in this state. Existing law authorizes a law enforcement agency, upon the request of a sexual assault victim, to inform the victim of the status of the testing of the DNA rape kit evidence or other crime scene evidence from the victims case, as specified. If the agency does not analyze that evidence within 6 months of the statute of limitations for filing a criminal complaint in a sexual assault case, as specified, or if the 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, existing law requires that a victim of a sexual assault be informed of that fact or that intention.

This bill would require the Department of Justice, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to update their Sexual Assault Forensic Evidence Tracking database to allow establish a process by which victims of sexual assault to have secure access to may inquire regarding the location and information regarding their sexual assault evidence kits.

Existing law, the Sexual Assault Victims DNA Bill of Rights, expresses findings and declarations of the Legislature stating, among other things, that timely deoxyribonucleic acid (DNA) analysis of rape kit evidence is a core public safety issue affecting men, women, and children in this state. Existing law authorizes a law enforcement agency, upon the request of a sexual assault victim, to inform the victim of the status of the testing of the DNA rape kit evidence or other crime scene evidence from the victims case, as specified. If the agency does not analyze that evidence within 6 months of the statute of limitations for filing a criminal complaint in a sexual assault case, as specified, or if the 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, existing law requires that a victim of a sexual assault be informed of that fact or that intention.

Existing law, the Sexual Assault Victims DNA Bill of Rights, expresses findings and declarations of the Legislature stating, among other things, that timely deoxyribonucleic acid (DNA) analysis of rape kit evidence is a core public safety issue affecting men, women, and children in this state. Existing law authorizes a law enforcement agency, upon the request of a sexual assault victim, to inform the victim of the status of the testing of the DNA rape kit evidence or other crime scene evidence from the victims case, as specified. If the agency does not analyze that evidence within 6 months of the statute of limitations for filing a criminal complaint in a sexual assault case, as specified, or if the 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, existing law requires that a victim of a sexual assault be informed of that fact or that intention.

This bill would express the intent of the Legislature to enact legislation that would upgrade the SAFE-T Rape kit tracking program under the authority of the Department of Justice.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 2499

Author:(Maienschein)

As Amended Ver:August 16, 2016

Majority vote

Original Committee Reference: PUB. S.

SUMMARY: Requires the Department of Justice (DOJ), on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

The Senate amendments un-codify legislative findings and declarations.

EXISTING LAW:

1. Establishes the deoxyribonucleic acid (DNA) and Forensic Identification Database and Data Bank Program to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious and accurate detection and prosecution of individuals responsible for sex offenses and other crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children.
2. Encourages DNA analysis of rape kits within the statute of limitations, which states that a criminal complaint must be filed within one year after the identification of the suspect by DNA evidence, and that DNA evidence must be analyzed within two years of the offense for which it was collected.
3. Encourages law enforcement agencies to submit rape kits to crime labs within 20 days after the kit is booked into evidence.
4. Encourages the establishment of rapid turnaround DNA programs, where the rape kit is sent directly from the facility where it was collected to the lab for testing within five days.
5. Encourages crime labs to do one of the following:
   1. Process rape kits, create DNA profiles when possible, and upload qualifying DNA profiles into the combined DNA Index System (CODIS) within 120 days of receipt of the rape kit; or
   2. Transmit the rape kit to another crime lab within 30 days to create a DNA profile, and then upload the profile into CODIS within 30 days of being notified about the presence of DNA.
6. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if their rape kit is not tested six months prior to the statute of limitations for underlying sexual assault offense.
7. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if the law enforcement agency intends to destroy a rape kit in an unsolved case prior to the expiration of the statute of limitations for the underlying sexual assault offense.
8. Allows law enforcement agencies to inform victims of sexual assault, as specified, of the status of their rape kit when the victim requests an update.
9. States that sexual assault victims have the following rights, subject to the commitment of sufficient resources to respond to requests for information:
   1. The right to be informed whether or not a DNA profile of the assailant was obtained from the testing of their rape kit or from other evidence from the crime scene,
   2. The right to be informed whether or not the DNA profile of the assailant has been entered into DOJ's Data Bank of case evidence, and
   3. The right to be informed whether or not there was a match between the DNA profile of the assailant and a DNA profile contained in CODIS, provided that disclosure would not impede or compromise an ongoing investigation.
10. Encourages law enforcement to notify victims of information in their possession regarding victims' rape kits.

FISCAL EFFECT: According to the Senate Appropriations Committee,

1. Process development: One-time minor costs of less than $50,000 (General Fund) to the DOJ to develop a process by which victims may inquire regarding status of their sexual assault evidence kits.
2. Process implementation: Unknown; potential future costs in excess of $100,000 (General Fund) in programming costs to enable victims to securely access the SAFE-T database, or alternatively, to support DOJ staffing to accept and process inquiries from victims and query the SAFE-T database internally to respond to requests. Potential costs would be dependent on the process established, which is undetermined at this time but required to be established by July 1, 2018.

COMMENTS: According to the author, "The upgrade required in AB 2499, will give a victim of sexual assault the ability to track the progress of their DNA kit while it is being analyzed and processed in the crime lab via a secure, electronic process. This will provide the victims with peace of mind by being able to see where their kit is in the process and ensure that law enforcement is doing their duty to analyze the DNA kit in a timely manner."

Please see the policy committee analysis for a full discussion of this bill.

Analysis Prepared by: Matt Dean / PUB. S. / (916) 319-3744 FN:0004429

 THIRD READING  

Bill No: AB 2499

Author:

: Senate

Vote:

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/28/16

AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16

AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

ASSEMBLY FLOOR: 80-0, 6/1/16 - See last page for vote

SUBJECT:

SOURCE: Alameda County District Attorney

Natasha’s Justice Project

DIGEST: This bill requires the Department of Justice (DOJ), on or before July 1, 2018, to establish a process by which victims of sexual assault may inquire to review the disposition of their rape kit.

ANALYSIS:

Existing law:

1. Establishes the DNA and Forensic Identification Database and Data Bank Program to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious and accurate detection and prosecution of individuals responsible for sex offenses and other crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children. (Penal Code §§ 295, 295.1.)
2. Encourages DNA analysis of rape kits within the statute of limitations, which states that a criminal complaint must be filed within one year after the identification of the suspect by DNA evidence, and that DNA evidence must be analyzed within two years of the offense for which it was collected. (Penal Code § 680, subd. (b)(6).)
3. Encourages law enforcement agencies to submit rape kits to crime labs within 20 days after the kit is booked into evidence. (Penal Code § 680, subd. (b)(7)(A)(i).)
4. Encourages the establishment of rapid turnaround DNA programs, where the rape kit is sent directly from the facility where it was collected to the lab for testing within five days. (Penal Code § 680, subds. (b)(7)(A)(ii) and (E).)
5. Encourages crime labs to do one of the following:
   1. Process rape kits, create DNA profiles when possible, and upload qualifying DNA profiles into the combined DNA Index System (CODIS) within 120 days of receipt of the rape kit; or
   2. Transmit the rape kit to another crime lab within 30 days to create a DNA profile, and then upload the profile into CODIS within 30 days of being notified about the presence of DNA. (Penal Code § 680, subd. (b)(7)(B).)
6. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if their rape kit is not tested six months prior to the statute of limitations for the underlying sexual assault offense. (Penal Code § 680, subd. (d).)
7. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if the law enforcement agency intends to destroy a rape kit in an unsolved case prior to the expiration of the statute of limitations for the underlying sexual assault offense. (Penal Code § 680, subd. (e).)
8. Allows law enforcement agencies to inform victims of sexual assault, as specified, of the status of their rape kit when the victim requests an update. (Penal Code § 680, subd. (c).)
9. States that sexual assault victims have the following rights, subject to the commitment of sufficient resources to respond to requests for information:
   
   1. The right to be informed whether or not a DNA profile of the assailant was obtained from the testing of their rape kit or from other evidence from the crime scene,
   2. The right to be informed whether or not the DNA profile of the assailant has been entered into DOJ’s Data Bank of case evidence, and
   3. The right to be informed whether or not there was a match between the DNA profile of the assailant and a DNA profile contained in CODIS, provided that disclosure would not impede or compromise an ongoing investigation. (Penal Code § 680, subd. (c)(2).)
10. Encourages law enforcement to notify victims of information in their possession regarding victims’ rape kits. (Penal Code § 680, subd. (c)(2).)

This bill requires the DOJ, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information of their sexual assault evidence kits.

Background

The Sexual Assault Forensic Evidence Tracking program (SAFE-T) was created by DOJ in 2015 in part to help track how many rape kits were not being tested and why, to help determine the scope of the problem and to determine if mandatory testing may lead to the apprehension of more repeat offenders or the exoneration of more criminal defendants. SAFE-T is accessible only by law enforcement agencies and DOJ, due to the sensitive investigatory and privacy concerns of the information contained in the database. The database includes the disposition of rape kits both at the local law enforcement agency investigating the sexual assault allegation and the disposition of rape kits that have been sent to a crime laboratory for testing.

Rape kits can have many dispositions. A law enforcement agency may not refer a rape kit for testing if they do not believe a crime has occurred, if the agency has already identified the suspect, or if the agency believes they do not need further evidence to prosecute. If the law enforcement agency does refer a rape kit for testing, the investigator may request that a crime lab analyze a rape kit to try to match the DNA profile to a suspect in the investigation. The lab can then upload the profile to CODIS, a network of local, state, and federal databases that allows law enforcement agencies to test DNA profiles against one another. With access to SAFE-T, victims could see if their rape kit has been referred for testing or if testing has been completed.

This bill creates a process in which the victim can view the disposition of their rape kit.

Interaction with AB 1848

This bill does not provide information regarding why a rape kit has or has not been tested, but AB 1848 (Chiu) requires more information to be entered into SAFE-T that victims would be able to access should both AB 1848 and this bill pass. Currently, neither crime laboratories nor law enforcement agencies are required to test rape kits, nor are they currently required to include in SAFE-T the reasons why any particular rape kit has not been tested. AB 1848 (Chiu) requires law enforcement agencies to include the reason or reasons why each rape kit under their control has not been tested.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

According to the Senate Appropriations Committee, the following fiscal costs should be considered:

• Process development: One-time minor costs of less than $50,000 (General Fund) to the DOJ to develop a process by which victims may inquire regarding status of their sexual assault evidence kits.
• Process implementation: Unknown; potential future costs in excess of $100,000 (General Fund) in programming costs to enable victims to securely access the SAFE-T database, or alternatively, to support DOJ staffing to accept and process inquiries from victims and query the SAFE-T database internally to respond to requests. Potential costs would be dependent on the process established, which is undetermined at this time but required to be established by July 1, 2018.

SUPPORT: (Verified 8/12/16)

Alameda County District Attorney (co-source)

Natasha’s Justice Project (co-source)

California Coalition Against Sexual Assault

California Police Chiefs Association

Californians for Safety and Justice

Crime Victims United of California

Joyful Heart Foundation

OPPOSITION: (Verified 8/12/16)

None received

ASSEMBLY FLOOR: 80-0, 6/1/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

Prepared by:

8/16/16 17:50:31

**** END ****

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2499 (Maienschein) - Sexual assault evidence kits

Bill Summary:

AB 2499 would require the Department of Justice (DOJ), on or before July 1, 2018, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on August 11, 2016

Fiscal Impact:

• Process development: One-time minor costs of less than $50,000 (General Fund) to the DOJ to develop a process by which victims may inquire regarding status of their sexual assault evidence kits.
• Process implementation: Unknown; potential future costs in excess of $100,000 (General Fund) in programming costs to enable victims to securely access the SAFE-T database, or alternatively, to support DOJ staffing to accept and process inquiries from victims and query the SAFE-T database internally to respond to requests. Potential costs would be dependent on the process established, which is undetermined at this time but required to be established by July 1, 2018.

Committee Amendments:

Place the legislative findings and declarations in an uncodified section of the bill.

-- END --

SENATE COMMITTEE ON

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 2499 (Maienschein) - Sexual assault evidence kits

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 2499 would require the Department of Justice (DOJ), on or before July 1, 2018, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

Fiscal Impact:

• Process development: One-time minor costs of less than $50,000 (General Fund) to the DOJ to develop a process by which victims may inquire regarding status of their sexual assault evidence kits.
• Process implementation: Unknown; potential future costs in excess of $100,000 (General Fund) in programming costs to enable victims to securely access the SAFE-T database, or alternatively, to support DOJ staffing to accept and process inquiries from victims and query the SAFE-T database internally to respond to requests. Potential costs would be dependent on the process established, which is undetermined at this time but required to be established by July 1, 2018.

Background:

In its report, “Sexual Assault Evidence Kits: Although Testing All Kits Could Benefit Sexual Assault Investigations, the Extent of the Benefits Is Unknown,” (Report 2014-109, October 2014), the California State Auditor noted the following results in brief:

In the last few years, questions about why sexual assault evidence kits are not sent to crime labs for analysis have been raised at the state and national levels. For example, multiple news media outlets have covered stories about unanalyzed sexual assault evidence kits that exist across several jurisdictions in the country. Several major metropolitan areas, including Detroit, Michigan; Memphis, Tennessee; and Los Angeles County, have been the subject of national attention focused on the number of sexual assault evidence kits that law enforcement agencies in these jurisdictions did not send for analysis. In a May 2011 special report titled The Road Ahead: Unanalyzed Evidence in Sexual Assault Cases, the National Institute of Justice – the research arm of the federal Department of Justice – stated that untested sexual assault kit evidence is being discovered at law enforcement agencies across the country. While the report acknowledges that there may be legitimate reasons why a sexual assault evidence kit is not sent for analysis, it concludes that more information is needed about why agencies decide to send some kits but not others.

The California State Auditor made several recommendations in its report, including but not limited to the following:

• To establish more comprehensive information about sexual assault evidence kits, specifically the number of kits collected and the number of kits analyzed across the State, the Legislature should direct law enforcement agencies to report to Justice annually how many sexual assault evidence kits they collect and how many kits they analyze each year. The Legislature should also require an annual report from Justice that details this information.
• To provide the Legislature and the public with more complete information about agency decisions not to analyze sexual assault evidence kits, the Legislature should direct agencies to report annually to Justice their reasons for not analyzing sexual assault evidence kits. The Legislature should require an annual report from Justice that details this information.

As stated in this measure’s legislative findings and declarations, “There is a significant public interest in knowing the percentage of rape kit biological samples that are analyzed for the perpetrator’s DNA profile, as well as the reason that untested rape kit samples are not analyzed. It is the intent of the Legislature in enacting this section, pursuant to recommendations by the California State Auditor to the Joint Legislative Audit Committee, to correct that. In 2015, the Department of Justice created the Sexual Assault Forensic Evidence Tracking (SAFE-T) database to track the status of all sexual assault evidence kits collected in the state based on voluntary data input from law enforcement agencies.”

This bill seeks to provide sexual assault victims with a means to inquire and receive information on the status of their sexual assault evidence kits.

Proposed Law:

This bill requires the DOJ, on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

Related Legislation:

AB 1848 (Chiu) 2016 would require local law enforcement agencies to periodically update the Sexual Assault Forensic Evidence Tracking (SAFE-T) database on the disposition of all sexual assault evidence kits in their custody, as specified. This bill is scheduled to be heard today by this Committee.

Staff Comments:

The DOJ has indicated minor one-time costs to develop a process by which victims may inquire regarding status of their sexual assault evidence kits. The costs to implement the process, however, cannot be determined at this time, and would be dependent on the process developed by the DOJ in consultation with law enforcement agencies and crime victims groups.

To the extent the process established enables victims to securely access the SAFE-T database to obtain information on the status of their sexual assault evidence kits, the DOJ could incur one-time programming costs in the hundreds of thousands of dollars (General Fund). Alternatively, to the extent a process is established that requires DOJ staff to accept and process requests from victims, which are then handled internally to query the SAFE-T database,

Recommended Amendments:

This bill contains codified findings and declarations. In the interest of code clarity and efficiency, staff recommends this bill be amended to place the findings and declarations in an uncodified section of the bill.

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Loni Hancock, Chair

2015 - 2016 Regular

Bill No: AB 2499 Hearing Date: June 28, 2016

Subject: Sexual Assault Evidence Kits

HISTORY

Source: Natasha’s Justice Project; Alameda County District Attorney

Prior Legislation: AB 1848 (Chiu), pending in Assembly Appropriations Committee

AB 909 (Quirk), pending in Senate Appropriations Committee

AB 1517 (Skinner), Chapter 874, Statutes 2014

AB 558 (Portantino), 2009-2010 Legislative Session, vetoed by Governor

AB 898 (Chu), Chapter 537, Statutes 2003

Support: CALCASA; California Police Chiefs Association; Californians for Safety and Justice; Crime Victims United of California; Joyful Heart Foundation

Opposition: None Known

Assembly Floor Vote: 80 - 0

PURPOSE

The purpose of this bill is to require the Department of Justice (DOJ), on or before July 1, 2018 to establish a process by which victims of sexual assault may inquire to review the disposition of their rape kit.

Existing law establishes the DNA and Forensic Identification Database and Data Bank Program to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious and accurate detection and prosecution of individuals responsible for sex offenses and other crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children. (Penal Code, §§ 295, 295.1.)

Existing law encourages DNA analysis of rape kits within the statute of limitations, which states that a criminal complaint must be filed within one year after the identification of the suspect by DNA evidence, and that DNA evidence must be analyzed within two years of the offense for which it was collected. (Penal Code, § 680, subd. (b)(6).)

Existing law encourages law enforcement agencies to submit rape kits to crime labs within 20 days after the kit is booked into evidence. (Penal Code, § 680, subd. (b)(7)(A)(i).)

Existing law encourages the establishment of rapid turnaround DNA programs, where the rape kit is sent directly from the facility where it was collected to the lab for testing within five days. (Penal Code, § 680, subds. (b)(7)(A)(ii) and (E).)

Existing law Encourages crime labs to do one of the following:

• 1. Process rape kits, create DNA profiles when possible, and upload qualifying DNA profiles into the combined DNA Index System (CODIS) within 120 days of receipt of the rape kit; or
  2. Transmit the rape kit to another crime lab within 30 days to create a DNA profile, and then upload the profile into CODIS within 30 days of being notified about the presence of DNA. (Penal Code, § 680, subd. (b)(7)(B).)

Existing law requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if their rape kit is not tested six months prior to the statute of limitations for underlying sexual assault offense. (Penal Code, § 680, subd. (d).)

Existing law requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if the law enforcement agency intends to destroy a rape kit in an unsolved case prior to the expiration of the statute of limitations for the underlying sexual assault offense. (Penal Code, § 680, subd. (e).)

Existing law allows law enforcement agencies to inform victims of sexual assault, as specified, of the status of their rape kit when the victim requests an update. (Penal Code, § 680, subd. (c).)

Existing law states that sexual assault victims have the following rights, subject to the commitment of sufficient resources to respond to requests for information:

• 1. The right to be informed whether or not a DNA profile of the assailant was obtained from the testing of their rape kit or from other evidence from the crime scene,
  2. The right to be informed whether or not the DNA profile of the assailant has been entered into DOJ’s Data Bank of case evidence, and
  3. The right to be informed whether or not there was a match between the DNA profile of the assailant and a DNA profile contained in CODIS, provided that disclosure would not impede or compromise an ongoing investigation. (Penal Code, § 680, subd. (c)(2).)

Existing law encourages law enforcement to notify victims of information in their possession regarding victims’ rape kits. (Penal Code, § 680, subd. (c)(2).)

This bill requires the Department of Justice (DOJ), on or before July 1, 2018 and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information of their sexual assault evidence kits.

RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.

On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:

• 143% of design bed capacity by June 30, 2014;
• 141.5% of design bed capacity by February 28, 2015; and,
• 137.5% of design bed capacity by February 28, 2016.

In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)

While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:

• Whether a proposal erodes a measure which has contributed to reducing the prison population;
• Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
• Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
• Whether a proposal corrects a constitutional problem or legislative drafting error; and
• Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.

COMMENTS

1. Stated Need for This Bill

According to the author:

Last year the Department of Justice created and implemented the Sexual Assault Forensic Evidence Tracking program of its own volition. We applaud the Department for doing that. However, there is no mechanism in the program for a survivor of sexual assault and rape to track and see the information regarding her/his Rape Kit. The program is purely for internal purposes and to be used by law enforcement agencies only. A victim has no way of knowing where the kit is located in the analysis process or if it has even gotten to that step yet.

2. Background - SAFE-T and the Disposition of Rape Kits

The Sexual Assault Forensic Evidence Tracking program (SAFE-T) was created by DOJ in 2015 in part to help track how many rape kits were not being tested and why, to help determine the scope of the problem and to determine if mandatory testing may lead to the apprehension of more repeat offenders or the exoneration of more criminal defendants. SAFE-T is accessible only by law enforcement agencies and DOJ, due to the sensitive investigatory and privacy concerns of the information contained in the database. The database includes the disposition of rape kits both at the local law enforcement agency investigating the sexual assault allegation and the disposition of rape kits that have been sent to a crime laboratory for testing.

Rape kits can have many dispositions. A law enforcement agency may not refer a rape kit for testing if they do not believe a crime has occurred, if the agency has already identified the suspect, or if the agency believes they do not need further evidence to prosecute. If the law enforcement agency does refer a rape kit for testing, the investigator may request that a crime lab analyze a rape kit to try to match the DNA profile to a suspect in the investigation. The lab can then upload the profile to CODIS, a network of local, state, and federal databases that allows law enforcement agencies to test DNA profiles against one another. With access to SAFE-T, victims could see if their rape kit has been referred for testing or if testing has been completed.

This bill would create a process in which the victim can view the disposition of their rape kit.

3. Interaction with AB 1848

This bill would not provide information regarding why a rape kit has or has not been tested, but AB 1848 (Chiu) would require more information to be entered into SAFE-T that victims would be able to access should both AB 1848 and this bill pass. Currently, neither crime laboratories nor law enforcement agencies are required to test rape kits, nor are they currently required to include in SAFE-T the reasons why any particular rape kit has not been tested. AB 1848 (Chiu), would require law enforcement agencies to include the reason or reasons why each rape kit under their control has not been tested.

4. Argument in Support

The Alameda County District Attorney stated, in part:

Law enforcement agencies are not required to track or report the number of sexual assault kits (SAKs) that are collected and how many go unanalyzed. Due to this lack of requirements, the total number of unanalyzed SAKs statewide is unknown, which deprives victims of justice and closure while allowing perpetrators to walk free. In 2014, faced with a mounting backlog of agencies to submit to government crime labs to process SAKs we sponsored AB 1517 which created tight timelines for law enforcement agencies to submit to government crime labs to process SAKs. In 2015, the Department of Justice created a program of its own that would track SAKs in the analysis process. This program is called the Sexual Assault Forensic Evidence Tracking Program, or SAFE-T, but it does not permit victims to have access to the program to get information regarding the status of their SAK.

AB 2499 will give a victim of sexual assault to track the process of their SAK kit while it is being analyzed and processed in the crime lab via a secure, electronic process. This will provide victims with the peace of mind by being able to see where their SAK is in the process and ensure that law enforcement is doing their duty to analyze the SAK in a timely manner.

-- END –

ASSEMBLY THIRD READING

ATR Bill Id:AB 2499

Author:(Maienschein)

As Amended Ver:6

Majority vote

SUMMARY: Requires the Department of Justice (DOJ), on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to establish a process by which victims of sexual assault may inquire regarding the location and information regarding their sexual assault evidence kits.

EXISTING LAW:

1. Establishes the deoxyribonucleic acid (DNA) and Forensic Identification Database and Data Bank Program to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious and accurate detection and prosecution of individuals responsible for sex offenses and other crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children.
2. Encourages DNA analysis of rape kits within the statute of limitations, which states that a criminal complaint must be filed within one year after the identification of the suspect by DNA evidence, and that DNA evidence must be analyzed within two years of the offense for which it was collected.
3. Encourages law enforcement agencies to submit rape kits to crime labs within 20 days after the kit is booked into evidence.
4. Encourages the establishment of rapid turnaround DNA programs, where the rape kit is sent directly from the facility where it was collected to the lab for testing within five days.
5. Encourages crime labs to do one of the following:
   1. Process rape kits, create DNA profiles when possible, and upload qualifying DNA profiles into the combined DNA Index System (CODIS) within 120 days of receipt of the rape kit; or
   2. Transmit the rape kit to another crime lab within 30 days to create a DNA profile, and then upload the profile into CODIS within 30 days of being notified about the presence of DNA.
6. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if their rape kit is not tested six months prior to the statute of limitations for underlying sexual assault offense.
7. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if the law enforcement agency intends to destroy a rape kit in an unsolved case prior to the expiration of the statute of limitations for the underlying sexual assault offense.
8. Allows law enforcement agencies to inform victims of sexual assault, as specified, of the status of their rape kit when the victim requests an update.
9. States that sexual assault victims have the following rights, subject to the commitment of sufficient resources to respond to requests for information:
   1. The right to be informed whether or not a DNA profile of the assailant was obtained from the testing of their rape kit or from other evidence from the crime scene,
   2. The right to be informed whether or not the DNA profile of the assailant has been entered into DOJ's Data Bank of case evidence, and
   3. The right to be informed whether or not there was a match between the DNA profile of the assailant and a DNA profile contained in CODIS, provided that disclosure would not impede or compromise an ongoing investigation.
10. Encourages law enforcement to notify victims of information in their possession regarding victims' rape kits.

FISCAL EFFECT:

According to the Assembly Appropriations Committee, Unknown moderate cost to DOJ, probably in the $100,000 range to develop the required process, and some unknown ongoing costs based on the process established.

COMMENTS:

According to the author, "The upgrade required in AB 2499, will give a victim of sexual assault the ability to track the progress of their DNA kit while it is being analyzed and processed in the crime lab via a secure, electronic process. This will provide the victims with peace of mind by being able to see where their kit is in the process and ensure that law enforcement is doing their duty to analyze the DNA kit in a timely manner."

Analysis Prepared by: Stella Choe/ PUB. S. / (916) 319-3744 FN: 0003166

Date of Hearing: April 27, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 2499

Author:(Maienschein) – As Amended Ver:March 15, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Department of Justice (DOJ), on or before July 1, 2018, and in consultation with law enforcement agencies and crime victims groups, to update Sexual Assault Forensic Evidence Tracking (SAFE-T) to allow victims to access the database to review the disposition of their rape kit.

FISCAL EFFECT:

Unknown moderate cost to DOJ, probably in excess of $300,000, for computer programming and development to provide rape victims secure access to SAFE-T, a law enforcement-only database at this time.

COMMENTS:

1. Background. Current law requires law enforcement agencies to inform victims of sexual assault, as specified, if the law enforcement agency intends to destroy a rape kit in an unsolved case prior to the expiration of the statute of limitations for the underlying sexual assault offense. And it allows law enforcement agencies to inform victims of sexual assault, as specified, of the status of their rape kit when the victim requests an update.

Current law also provides sexual assault victims the following rights, subject to the commitment of sufficient resources to respond to requests for information:

• 1. The right to be informed whether or not a DNA profile of the assailant was obtained from the testing of their rape kit or from other evidence from the crime scene,
  2. The right to be informed whether or not the DNA profile of the assailant has been entered into DOJ’s Data Bank of case evidence, and
  3. The right to be informed whether or not there was a match between the DNA profile of the assailant and a DNA profile contained in the combined DNA Index System (CODIS), provided that disclosure would not impede or compromise an ongoing investigation.

SAFE-T was created by DOJ in 2015 in part to help track how many rape kits were not being tested and why, to help determine the scope of the problem and to determine if mandatory testing may lead to the apprehension of more repeat offenders or the exoneration of more criminal defendants. SAFE-T is accessible only by law enforcement agencies and DOJ, due to the sensitive investigatory and privacy concerns of the information contained in the database. The database includes the disposition of rape kits both at the local law enforcement agency investigating the sexual assault allegation and the disposition of rape kits that have been sent to a crime laboratory for testing.

1. Purpose. According to the author, "The upgrade required in AB 2499, will give a victim of sexual assault the ability to track the progress of their DNA kit while it is being analyzed and processed in the crime lab via a secure, electronic process. This will provide the victims with peace of mind by being able to see where their kit is in the process and ensure that law enforcement is doing their duty to analyze the DNA kit in a timely manner.”
2. Interaction with AB 1848 (Chiu). AB 2499 will not provide information regarding why a rape kit has or has not been tested, but AB 1848 (Chiu) requires more information to be entered into SAFE-T that victims will be able to access if both bills are enacted. Currently, neither crime laboratories nor law enforcement agencies are required to test rape kits, nor are they currently required to include in SAFE-T the reasons why any particular rape kit has not been tested. AB 1848 (Chiu), requires law enforcement agencies to include the reason or reasons why each rape kit under their control has not been tested.
3. Related Legislation:
   
   1. AB 1848 (Chiu), discussed above, is also on today’s calendar.
   2. AB 909 (Quirk), which is very similar to AB 1848, was held on Senate Appropriations Committee Suspense file..
4. Prior Legislation:
   
   1. AB 1517 (Skinner), Chapter 874, Statutes of 2014, encourages law enforcement agencies to submit sexual assault forensic evidence received by the agency to a crime lab within 20 days after it is booked into evidence, and ensure that a rapid turnaround DNA program is in place to submit forensic evidence collected from the victim of a sexual assault to a crime lab within five days after the evidence is obtained from the victim.
      
   2. AB 558 (Portantino), of the 2009-2010 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. This bill was vetoed by Governor Schwarzenegger.
   3. AB 898 (Chu), Chapter 537, Statutes of 2003, established the “Sexual Assault Victims’ DNA Bill of Rights.”

Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081

Date of Hearing: April 12, 2016

Consultant: Matt Dean

ASSEMBLY COMMITTEE ON

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:

Author:() – As Ver:March 15, 2016

SUMMARY:

Requires the Department of Justice (DOJ), on or before July 1, 2018 and in consultation with law enforcement agencies and crime victims groups, to update SAFE-T to allow victims to access the database to review the disposition of their rape kit.

EXISTING LAW:

1. Establishes the DNA and Forensic Identification Database and Data Bank Program to assist federal, state, and local criminal justice and law enforcement agencies within and outside California in the expeditious and accurate detection and prosecution of individuals responsible for sex offenses and other crimes, the exclusion of suspects who are being investigated for these crimes, and the identification of missing and unidentified persons, particularly abducted children. (Pen. Code, §§ 295, 295.1.)
   
2. Encourages DNA analysis of rape kits within the statute of limitations, which states that a criminal complaint must be filed within one year after the identification of the suspect by DNA evidence, and that DNA evidence must be analyzed within two years of the offense for which it was collected. (Pen. Code, § 680, subd. (b)(6).)
   
3. Encourages law enforcement agencies to submit rape kits to crime labs within 20 days after the kit is booked into evidence. (Pen. Code, § 680, subd. (b)(7)(A)(i).)
4. Encourages the establishment of rapid turnaround DNA programs, where the rape kit is sent directly from the facility where it was collected to the lab for testing within five days. (Pen. Code, § 680, subds. (b)(7)(A)(ii) and (E).)
   
5. Encourages crime labs to do one of the following:
   
   1. Process rape kits, create DNA profiles when possible, and upload qualifying DNA profiles into the combined DNA Index System (CODIS) within 120 days of receipt of the rape kit; or
      
   2. Transmit the rape kit to another crime lab within 30 days to create a DNA profile, and then upload the profile into CODIS within 30 days of being notified about the presence of DNA. (Pen. Code, § 680, subd. (b)(7)(B).)
      
6. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if their rape kit is not tested six months prior to the statute of limitations for underlying sexual assault offense. (Pen. Code, § 680, subd. (d).)
   
7. Requires law enforcement agencies to inform victims of sexual assault, as specified, to notify the victim if the law enforcement agency intends to destroy a rape kit in an unsolved case prior to the expiration of the statute of limitations for the underlying sexual assault offense. (Pen. Code, § 680, subd. (e).)
   
8. Allows law enforcement agencies to inform victims of sexual assault, as specified, of the status of their rape kit when the victim requests an update. (Pen. Code, § 680, subd. (c).)
   
9. States that sexual assault victims have the following rights, subject to the commitment of sufficient resources to respond to requests for information:
   
   1. The right to be informed whether or not a DNA profile of the assailant was obtained from the testing of their rape kit or from other evidence from the crime scene,
      
   2. The right to be informed whether or not the DNA profile of the assailant has been entered into DOJ’s Data Bank of case evidence, and
      
   3. The right to be informed whether or not there was a match between the DNA profile of the assailant and a DNA profile contained in CODIS, provided that disclosure would not impede or compromise an ongoing investigation. (Pen. Code, § 680, subd. (c)(2).)
      
10. Encourages law enforcement to notify victims of information in their possession regarding victims’ rape kits. (Pen. Code, § 680, subd. (c)(2).)

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "The upgrade required in AB 2499, will give a victim of sexual assault the ability to track the progress of their DNA kit while it is being analyzed and processed in the crime lab via a secure, electronic process. This will provide the victims with peace of mind by being able to see where their kit is in the process and ensure that law enforcement is doing their duty to analyze the DNA kit in a timely manner.”
   
2. SAFE-T and the Disposition of Rape Kits: SAFE-T was created by DOJ in 2015 in part to help track how many rape kits were not being tested and why, to help determine the scope of the problem and to determine if mandatory testing may lead to the apprehension of more repeat offenders or the exoneration of more criminal defendants. SAFE-T is accessible only by law enforcement agencies and DOJ, due to the sensitive investigatory and privacy concerns of the information contained in the database. The database includes the disposition of rape kits both at the local law enforcement agency investigating the sexual assault allegation and the disposition of rape kits that have been sent to a crime laboratory for testing.
   
   Rape kits can have many dispositions. A law enforcement agency may not refer a rape kit for testing if they do not believe a crime has occurred, if the agency has already identified the suspect, or if the agency believes they do not need further evidence to prosecute. If the law enforcement agency does refer a rape kit for testing, the investigator may request that a crime lab analyze a rape kit to try to match the DNA profile to a suspect in the investigation. The lab can then upload the profile to CODIS, a network of local, state, and federal databases that allows law enforcement agencies to test DNA profiles against one another. With access to SAFE-T, victims could see if their rape kit has been referred for testing or if testing has been completed.
   
   This bill would allow victims access to SAFE-T to view the disposition of their rape kit.
   
3. Interaction with AB 1848: This bill would not provide information regarding why a rape kit has or has not been tested, but AB 1848 (Chiu) would require more information to be entered into SAFE-T that victims would be able to access should both AB 1848 and this bill pass. Currently, neither crime laboratories nor law enforcement agencies are required to test rape kits, nor are they currently required to include in SAFE-T the reasons why any particular rape kit has not been tested. AB 1848 (Chiu), would require law enforcement agencies to include the reason or reasons why each rape kit under their control has not been tested.
   
4. Argument in Support: According to the Alameda County District Attorney, “Law enforcement agencies are not required to track or report the number of sexual assault kits (SAKs) that are collected and how many go unanalyzed. Due to this lack of requirements, the total number of unanalyzed SAKs statewide is unknown, which deprives victims of justice and closure while allowing perpetrators to walk free. In 2014, faced with a mounting backlog of agencies to submit to government crime labs to process SAKs. In 2015, the Department of Justice created a program of its own that would track SAKs in the analysis process. This program is called the Sexual Assault Forensic Evidence Tracking Program, or SAFE-T, but it does not permit victims to have access to the program to get information regarding the status of their SAK.
   
   "AB 2499 will give a victim of sexual assault to track the process of their SAK kit while it is being analyzed and processed in the crime lab via a secure, electronic process. This will provide victims with the peace of mind by being able to see where their SAK is in the process and ensure that law enforcement is doing their duty to analyze the SAK in a timely manner.”
   
5. Related Legislation:
   
   1. AB 1848 (Chiu) would require local law enforcement agencies to periodically update SAFE-T on the disposition of all rape kits in their custody and give reasons why any rape kits have gone untested. This bill is pending hearing in the Assembly Committee on Appropriations.
      
   2. AB 909 (Quirk) would require a law enforcement agency responsible for taking or processing rape kit evidence to annually report, by July 1 of each year, to the Department of Justice information pertaining to the processing of rape kits, including the number of rape kits the law enforcement agency collects, the number of those rape kits that are tested, and the number of those rape kits that are not tested. For those rape kits that are not tested, the bill would require the law enforcement agency to also report the reason the rape kit was not tested. This bill is pending in the Senate Committee on Appropriations.
6. Prior Legislation:
   
   1. AB 1517 (Skinner), Chapter 874, Statutes of 2014, encourages law enforcement agencies to submit sexual assault forensic evidence received by the agency to a crime lab within 20 days after it is booked into evidence, and ensure that a rapid turnaround DNA program is in place to submit forensic evidence collected from the victim of a sexual assault to a crime lab within five days after the evidence is obtained from the victim.
      
   2. AB 558 (Portantino), of the 2009-2010 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. This bill was vetoed by Governor Schwarzenegger.
      
   3. AB 898 (Chu), Chapter 537, Statutes of 2003, established the “Sexual Assault Victims’ DNA Bill of Rights.”
      

REGISTERED SUPPORT / OPPOSITION:

Support

Natasha’s Justice Project (Sponsor)
Office of the District Attorney of Alameda County (Sponsor)
California Coalition Against Sexual Assault
California Police Chiefs Association
Californians for Safety and Justice

Opposition

None

Analysis Prepared by: