Bill Text: CA AB2499 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Sexual assault evidence kits.

Sponsorship: Bipartisan Bill

Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 884, Statutes of 2016. [AB2499 Detail]

Download: California-2015-AB2499-Chaptered.html

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BILL NUMBER: AB 2499	CHAPTERED
	BILL TEXT

	CHAPTER  884
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2016
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2016
	PASSED THE SENATE  AUGUST 17, 2016
	PASSED THE ASSEMBLY  AUGUST 23, 2016
	AMENDED IN SENATE  AUGUST 16, 2016
	AMENDED IN ASSEMBLY  MAY 27, 2016
	AMENDED IN ASSEMBLY  MARCH 15, 2016

INTRODUCED BY   Assembly Member Maienschein
   (Coauthors: Assembly Members Ch�vez, Gipson, and Kim)
   (Coauthor: Senator Bates)

                        FEBRUARY 19, 2016

   An act to add Section 680.1 to the Penal Code, relating to crimes.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2499, Maienschein. 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 victim's 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.



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

  SECTION 1.  The Legislature finds and declares both of the
following:
   (a) 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.
   (b) 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.
  SEC. 2.  Section 680.1 is added to the Penal Code, to read:
   680.1.  The Department of Justice, on or before July 1, 2018, and
in consultation with law enforcement agencies and crime victims
groups, shall establish a process by which victims of sexual assault
may inquire regarding the location and information regarding their
sexual assault evidence kits.