Bill Text: CA AB1744 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Sexual assault forensic medical evidence kit.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 857, Statutes of 2016. [AB1744 Detail]

Download: California-2015-AB1744-Chaptered.html

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BILL NUMBER: AB 1744	CHAPTERED
	BILL TEXT

	CHAPTER  857
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2016
	PASSED THE SENATE  AUGUST 18, 2016
	PASSED THE ASSEMBLY  AUGUST 23, 2016
	AMENDED IN SENATE  MAY 5, 2016

INTRODUCED BY   Assembly Member Cooper
   (Coauthors: Assembly Members Baker, Chávez, Chiu, Gallagher,
Cristina Garcia, Gipson, Kim, Maienschein, Olsen, and Rodriguez)
   (Coauthors: Senators Anderson, Bates, Cannella, Galgiani, Hall,
and Jackson)

                        FEBRUARY 1, 2016

   An act to amend Section 13823.12 of, and to add Section 13823.14
to, the Penal Code, relating to sexual assault.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1744, Cooper. Sexual assault forensic medical evidence kit.
   Existing law requires the Office of Emergency Services to
establish a protocol for the examination and treatment of victims of
sexual assault and attempted sexual assault, including child
molestation, and the collection and preservation of related evidence.
Existing law provides failure to comply with this protocol does not
constitute grounds to exclude evidence and prohibits a judge from
instructing the trier of fact in a case that less weight be given to
the evidence based on failure to comply. Existing law also
establishes one hospital-based training center to train medical
personnel on how to perform medical evidentiary examinations for
victims of child abuse or neglect, sexual assault, and other similar
crimes.
   This bill would require the Department of Justice's Bureau of
Forensic Services, the California Association of Crime Laboratory
Directors, and the California Association of Criminalists to work
collaboratively with public crime laboratories, in conjunction with
the California Clinical Forensic Medical Training Center, to develop
a standardized sexual assault forensic medical evidence kit, as
specified, to be used by all California jurisdictions. The bill would
encourage those entities to collaborate and establish the basic
components for a kit by January 30, 2018, and would require
guidelines pertaining to the use of the kit's components to be
distributed throughout the state by May 30, 2019. The bill would
require every local and state agency to be responsible for its own
costs in purchasing a kit. The bill would also provide that failure
to use a kit does not constitute grounds to exclude evidence and
prohibits a judge from instructing the trier of fact in a case that
less weight be given to the evidence based on failure to comply.


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

  SECTION 1.  Section 13823.12 of the Penal Code is amended to read:
   13823.12.  Failure to comply fully with Section 13823.11 or with
the protocol or guidelines, or to utilize the form established by the
Office of Emergency Services or the standardized sexual assault
forensic medical evidence kit described in Section 13823.14, shall
not constitute grounds to exclude evidence, nor shall the court
instruct or comment to the trier of fact in any case that less weight
may be given to the evidence based on the failure to comply.
  SEC. 2.  Section 13823.14 is added to the Penal Code, to read:
   13823.14.  (a) The Department of Justice's Bureau of Forensic
Services, the California Association of Crime Laboratory Directors,
and the California Association of Criminalists shall provide
leadership and work collaboratively with public crime laboratories to
develop a standardized sexual assault forensic medical evidence kit
for use by all California jurisdictions. The packaging and appearance
of the kit may vary, but the kit shall contain a minimum number of
basic components and also clearly permit swabs or representative
evidence samples to be earmarked for a rapid turnaround DNA program,
as defined in subparagraph (E) of paragraph (7) of subdivision (b) of
Section 680, when applicable.
   (b) The collaboration to establish the basic components for a
standardized sexual assault forensic medical evidence kit should be
completed by January 30, 2018, and shall be conducted in conjunction
with the California Clinical Forensic Medical Training Center,
authorized by Section 13823.93, that is responsible for the
development of sexual assault forensic medical examination procedures
and sexual assault standardized forensic medical report forms and
for providing training programs.
   (c) On or before May 30, 2019, the California Clinical Forensic
Medical Training Center, in coordination with the Department of
Justice's Bureau of Forensic Services, the California Association of
Crime Laboratory Directors, and the California Association of
Criminalists, shall issue guidelines pertaining to the use of the
standardized sexual assault kit components throughout the state.
   (d) Every local and state agency shall remain responsible for its
own costs in purchasing a standardized sexual assault forensic
medical evidence kit.