Bill Text: CA AB1517 | 2013-2014 | Regular Session | Enrolled


Bill Title: DNA evidence.

Status: (Enrolled) 2014-08-26 - Assembly Rule 77 suspended. Senate amendments concurred in. To Engrossing and Enrolling. [AB1517 Detail]

Download: California-2013-AB1517-Enrolled.html
BILL NUMBER: AB 1517	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2014
	PASSED THE ASSEMBLY  AUGUST 26, 2014
	AMENDED IN SENATE  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014

INTRODUCED BY   Assembly Member Skinner
   (Coauthors: Assembly Members Atkins, Bonta, Brown, Buchanan,
Chávez, Eggman, Fong, Garcia, Gonzalez, Melendez, Olsen, Quirk,
Stone, Ting, Waldron, and Wieckowski)
   (Coauthors: Senators Corbett, Hill, Lieu, Vidak, and Wyland)

                        JANUARY 15, 2014

   An act to amend Section 680 of the Penal Code, relating to DNA
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1517, Skinner. DNA evidence.
   Existing law establishes the "Sexual Assault Victims' DNA Bill of
Rights," which, among other things, encourages a law enforcement
agency assigned to investigate specified sexual assault offenses to
perform DNA testing of rape kit evidence or other crime scene
evidence in a timely manner to assure the longest possible statute of
limitations. Existing law also requires a law enforcement agency to
inform victims of certain sexual assault offenses, if the identity of
the perpetrator is in issue, if the law enforcement agency elects
not to analyze DNA evidence within certain time limits.
   This bill instead would, with respect to specific sex offenses,
encourage a law enforcement agency in whose jurisdiction the sexual
assault offense occurred to submit sexual assault forensic evidence
received by the agency on or after January 1, 2016, to the crime lab
within 20 days after it is booked into evidence, and ensure that a
rapid turnaround DNA program, as defined, is in place to submit
forensic evidence collected from the victim of a sexual assault to
the crime lab within 5 days after the evidence is obtained from the
victim. The bill would also encourage the crime lab, with respect to
sexual assault forensic evidence received by the lab on or after
January 1, 2016, to process that evidence, create DNA profiles when
able, and upload qualifying DNA profiles into the Combined DNA Index
System as soon as practically possible, but no later than 120 days
after initially receiving the evidence, or to transmit the sexual
assault forensic evidence to another crime lab as soon as practically
possible, but no later than 30 days after initially receiving the
evidence, as specified. The bill would also revise the provisions
requiring a law enforcement agency to inform victims of certain
sexual assault offenses, to make the requirement applicable without
regard to whether the identity of the perpetrator is in issue, if the
law enforcement agency does not analyze DNA evidence, and to require
those entities to notify the victims within 6 months of the time
limits established under existing law. By imposing a higher level of
service 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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 680 of the Penal Code is amended to read:
   680.  (a) This section shall be known as and may be cited as the
"Sexual Assault Victims' DNA Bill of Rights."
   (b) The Legislature finds and declares all of the following:
   (1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a powerful law enforcement tool for identifying and
prosecuting sexual assault offenders.
   (2) Existing law requires an adult arrested for or charged with a
felony and a juvenile adjudicated for a felony to submit DNA samples
as a result of that arrest, charge, or adjudication.
   (3) Victims of sexual assaults have a strong interest in the
investigation and prosecution of their cases.
   (4) Law enforcement agencies have an obligation to victims of
sexual assaults in the proper handling, retention, and timely DNA
testing of rape kit evidence or other crime scene evidence and to be
responsive to victims concerning the developments of forensic testing
and the investigation of their cases.
   (5) The growth of the Department of Justice's Cal-DNA databank and
the national databank through the Combined DNA Index System (CODIS)
makes it possible for many sexual assault perpetrators to be
identified after their first offense, provided that rape kit evidence
is analyzed in a timely manner.
   (6) Timely DNA analysis of rape kit evidence is a core public
safety issue affecting men, women, and children in the State of
California. It is the intent of the Legislature, in order to further
public safety, to encourage DNA analysis of rape kit evidence within
the time limits imposed by subparagraphs (A) and (B) of paragraph (1)
of subdivision (g) of Section 803.
   (7) In order to ensure that sexual assault forensic evidence is
analyzed within the two-year timeframe required by subparagraphs (A)
and (B) of paragraph (1) of subdivision (g) of Section 803 and to
ensure the longest possible statute of limitations for sex offenses,
including sex offenses designated pursuant to those subparagraphs,
the following should occur:
   (A) A law enforcement agency in whose jurisdiction a sex offense
specified in Section 261, 261.5, 262, 286, 288a, or 289 occurred,
should do one of the following for any sexual assault forensic
evidence received by the law enforcement agency on or after January
1, 2016:
   (i) Submit sexual assault forensic evidence to the crime lab
within 20 days after it is booked into evidence.
   (ii) Ensure that a rapid turnaround DNA program is in place to
submit forensic evidence collected from the victim of a sexual
assault directly from the medical facility where the victim is
examined to the crime lab within five days after the evidence is
obtained from the victim.
   (B) The crime lab should do one of the following for any sexual
assault forensic evidence received by the crime lab on or after
January 1, 2016.
   (i) Process sexual assault forensic evidence, create DNA profiles
when able, and upload qualifying DNA profiles into CODIS as soon as
practically possible, but no later than 120 days after initially
receiving the evidence.
   (ii) Transmit the sexual assault forensic evidence to another
crime lab as soon as practically possible, but no later than 30 days
after initially receiving the evidence, for processing of the
evidence for the presence of DNA. If a DNA profile is created, the
transmitting crime lab should upload the profile into CODIS as soon
as practically possible, but no longer than 30 days after being
notified about the presence of DNA.
   (C) This subdivision does not require a lab to test all items of
forensic evidence obtained in a sexual assault forensic evidence
examination. A lab is considered to be in compliance with the
guidelines of this section when representative samples of the
evidence are processed by the lab in an effort to detect the foreign
DNA of the perpetrator.
   (D) This section does not require a DNA profile to be uploaded
into CODIS if the DNA profile does not meet federal guidelines
regarding the uploading of DNA profiles into CODIS.
   (E) For purposes of this section, a "rapid turnaround DNA program"
is a program for the training of sexual assault team personnel in
the selection of representative samples of forensic evidence from the
victim to be the best evidence, based on the medical evaluation and
patient history, the collection and preservation of that evidence,
and the transfer of the evidence directly from the medical facility
to the crime lab, which is adopted pursuant to a written agreement
between the law enforcement agency, the crime lab, and the medical
facility where the sexual assault team is based.
   (8) For the purpose of this section, "law enforcement" means the
law enforcement agency with the primary responsibility for
investigating an alleged sexual assault.
   (c) (1) Upon the request of a sexual assault victim, the law
enforcement agency investigating a violation of Section 261, 261.5,
262, 286, 288a, or 289 may inform the victim of the status of the DNA
testing of the rape kit evidence or other crime scene evidence from
the victim's case. The law enforcement agency may, at its discretion,
require that the victim's request be in writing. The law enforcement
agency may respond to the victim's request with either an oral or
written communication, or by email, if an email address is available.
Nothing in this subdivision requires that the law enforcement agency
communicate with the victim or the victim's designee regarding the
status of DNA testing absent a specific request from the victim or
the victim's designee.
   (2) Subject to the commitment of sufficient resources to respond
to requests for information, sexual assault victims have the
following rights:
   (A) The right to be informed whether or not a DNA profile of the
assailant was obtained from the testing of the rape kit evidence or
other crime scene evidence from their case.
   (B) The right to be informed whether or not the DNA profile of the
assailant developed from the rape kit evidence or other crime scene
evidence has been entered into the Department of Justice Data Bank of
case evidence.
   (C) The right to be informed whether or not there is a match
between the DNA profile of the assailant 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, provided
that disclosure would not impede or compromise an ongoing
investigation.
   (3) This subdivision is intended to encourage law enforcement
agencies to notify victims of information which is in their
possession. It is not intended to affect the manner of or frequency
with which the Department of Justice provides this information to law
enforcement agencies.
   (d) If the law enforcement agency does not analyze DNA evidence
within six months prior to the time limits established by
subparagraphs (A) and (B) of paragraph (1) of subdivision (g) of
Section 803, a victim of a sexual assault offense specified in
Section 261, 261.5, 262, 286, 288a, or 289 shall be informed, either
orally or in writing, of that fact by the law enforcement agency.
   (e) 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 as set forth in Section 803, a victim of a violation of
Section 261, 261.5, 262, 286, 288a, or 289 shall be given written
notification by the law enforcement agency of that intention.
   (f) Written notification under subdivision (d) or (e) 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 specified in subdivision (g) of Section 803.
   (g) A sexual assault victim may designate a sexual assault victim
advocate, or other support person of the victim's choosing, to act as
a recipient of the above information required to be provided by this
section.
   (h)  It is the intent of the Legislature that a law enforcement
agency responsible for providing information under subdivision (c) do
so in a timely manner and, upon request of the victim or the victim'
s designee, advise the victim or the victim's designee of any
significant changes in the information of which the law enforcement
agency is aware. In order to be entitled to receive notice under this
section, the victim or the victim's designee shall keep appropriate
authorities informed of the name, address, telephone number, and
email address of the person to whom the information should be
provided, and any changes of the name, address, telephone number, and
email address, if an email address is available.
   (i) A defendant or person accused or convicted of a crime against
the victim shall have no standing to object to any failure to comply
with this section. The failure to provide a right or notice to a
sexual assault victim under this section may not be used by a
defendant to seek to have the conviction or sentence set aside.
   (j) The sole civil or criminal remedy available to a sexual
assault victim for a law enforcement agency's failure to fulfill its
responsibilities under this section is standing to file a writ of
mandamus to require compliance with subdivision (d) or (e).
  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.                                       
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