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

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

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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-Amended.html

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BILL NUMBER: AB 1744	AMENDED
	BILL TEXT

	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   to,  the Penal Code,
relating to sexual assault.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1744, as amended, 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
  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. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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,   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.
   SECTION 1.   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  to be used   for use 
by all California jurisdictions. The packaging and appearance of the
kit may vary, but  the elements of  the kit shall
 be comparable with   contain  a minimum
number of  similar components. This work shall be completed
in conjunction with the California Clinical Forensic Medical Training
Center, established by Section 13823.93, which has responsibility
for the development of sexual assault forensic medical examination
procedures and sexual assault standardized forensic medical report
forms, and the statutory directive to train sexual assault and child
sexual abuse forensic medical examiners who complete and submit these
evidence kits to crime laboratories.   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.