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AB-558 Sexual assault crimes.(2009-2010)

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Enrolled  August 19, 2010
Passed  IN  Senate  August 11, 2010
Passed  IN  Assembly  August 16, 2010
Amended  IN  Senate  August 09, 2010
Amended  IN  Senate  April 05, 2010
Amended  IN  Assembly  October 26, 2009
Amended  IN  Assembly  April 13, 2009

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 558


Introduced  by  Assembly Member Portantino

February 25, 2009


An act to add and repeal Section 680.1 of the Penal Code, relating to sexual assault crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 558, Portantino. Sexual assault crimes.
Existing law, the Sexual Assault Victims’ DNA Bill of Rights, authorizes a law enforcement agency investigating certain felony sex offenses, upon the request of the victim, and subject to the commitment of resources, to inform the victim whether or not a DNA profile was obtained from the testing of the rape kit evidence or other crime scene evidence from the case, whether or not that information has been entered into the Department of Justice Data Bank of case evidence, and whether or not there is a match between the DNA profile developed from the rape kit evidence or other crime scene evidence and a DNA profile contained in the Department of Justice Convicted Offender DNA Data Base, as specified. Existing law also requires that the victim be given written notification by the law enforcement agency if the law enforcement agency elects not to perform DNA testing of the rape kit evidence or other crime scene evidence, or intends to destroy or dispose of the rape kit evidence or other crime scene evidence prior to the expiration of the statute of limitations, as specified. Existing law provides that the sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency’s failure to fulfill its responsibilities under the Sexual Assault Victims’ DNA Bill of Rights is standing to file a writ of mandamus to require compliance with these notification provisions.
This bill would require 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, as specified. The initial report would be due by July 1, 2012. The reports received would be subject to inspection under the California Public Records Act. These provisions would become inoperative on July 1, 2016, and would be repealed on January 1, 2017.
By imposing additional reporting duties on local law enforcement agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 680.1 is added to the Penal Code, to read:

680.1.
 (a) Each local law enforcement agency responsible for taking or collecting rape kit evidence shall collect the following information for rape kits collected on or after January 1, 2011:
(1) The total number of rape kits collected during the preceding calendar year and, of that total, the number of rape kits for which the identity of the assailant is unknown.
(2) The total number of rape kits tested during the preceding calendar year and, of that total, the number of rape kits for which the identity of the assailant is unknown.
(3) The total number of rape kits submitted for DNA analysis and, of that total, the number of rape kits for which the identity of the assailant is unknown.
(4) The number of rape kits that law enforcement has submitted for DNA analysis that remain untested and, of that number, the number of rape kits for which the identity of the assailant is unknown.
(5) The total number of untested rape kits that were not submitted for DNA analysis in its possession as of January 1 of the reporting year.
(b) Each local law enforcement agency responsible for taking or collecting rape kit evidence shall report, by July 1 of each year, the information collected pursuant to this section during the preceding year to the Department of Justice. The initial report to the department pursuant to this subdivision shall be made by July 1, 2012.
(c) The reports received by the department pursuant to subdivision (b) are subject to inspection under the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).
(d) This section shall remain operative only until July 1, 2016, and shall be repealed on January 1, 2017, unless a later enacted statute, that is enacted before January 1, 2017, deletes or extends that date.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.