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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: DNA evidence.

Spectrum: Slight Partisan Bill (Democrat 16-6)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 874, Statutes of 2014. [AB1517 Detail]

Download: California-2013-AB1517-Introduced.html

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BILL NUMBER: AB 1517	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner
   (Coauthors: Assembly Members Buchanan, Melendez, Olsen, and
Waldron)
   (Coauthor: Senator Hill)

                        JANUARY 15, 2014

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1517, as introduced, 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 encourage a law enforcement agency to
submit sexual assault forensic evidence to the crime lab as soon as
practically possible, but no later than 5 days after being booked
into evidence, and that the crime lab process 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 30 days after the evidence is submitted by a law
enforcement agency, in order to assure the longest possible statute
of limitations. The bill would also require a law enforcement agency
to inform victims of certain sexual assault offenses, whether or not
the identity of the perpetrator is in issue, if the law enforcement
agency elects not to analyze DNA evidence within certain time limits.
By imposing additional requirements 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.
State-mandated local program: yes.


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) Victims of sexual assaults have a strong interest in the
investigation and prosecution of their cases.
   (3) 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.
   (4) 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.
   (5) 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  (i)   (g)  of Section 803.

   (6)  A law   In order to assure the longest
possible statute of limitations, pursuant to subparagraphs (A) and
(B) of paragraph (1) of subdivision (   g) of Section 803,
the following should occur: 
    (A)     A law  enforcement agency
assigned to investigate a sexual assault offense specified in Section
261, 261.5, 262, 286, 288a, or 289 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, pursuant to subparagraphs (A) and (B) of paragraph (1)
of subdivision (i) of Section 803.   submit sexual
assault forensic evidence to the crime lab as soon as practically
possible, but no later than five days after being booked into
evidence.  
   (B) The crime lab should process evidence, create DNA profiles
when able, and upload qualifying DNA profiles into CODIS as soon as
practically possible, but no later than 30 days after submission by a
law enforcement agency. 
   (7) 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 electronic mail, if an electronic mail
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 elects not to analyze DNA
evidence within the time limits established by subparagraphs (A) and
(B) of paragraph (1) of subdivision  (i)   (g)
 of Section 803, a victim of a sexual assault offense specified
in Section 261, 261.5, 262, 286, 288a, or  289, where the
identity of the perpetrator is in issue,   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  (i)  
(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
electronic mail address of the person to whom the information should
be provided, and any changes of the name, address, telephone number,
and electronic mail address, if an electronic mailing 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.