Bill Text: CA AB322 | 2011-2012 | Regular Session | Enrolled
Bill Title: Forensic evidence: rape kits.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2011-10-09 - Vetoed by Governor. [AB322 Detail]
Download: California-2011-AB322-Enrolled.html
BILL NUMBER: AB 322 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 6, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN SENATE AUGUST 30, 2011
AMENDED IN SENATE AUGUST 15, 2011
AMENDED IN SENATE JUNE 28, 2011
AMENDED IN ASSEMBLY MAY 27, 2011
AMENDED IN ASSEMBLY APRIL 26, 2011
INTRODUCED BY Assembly Member Portantino
(Coauthor: Assembly Member Fuentes)
FEBRUARY 9, 2011
An act to add and repeal Section 680.1 of the Penal Code, relating
to forensic evidence.
LEGISLATIVE COUNSEL'S DIGEST
AB 322, Portantino. Forensic evidence: rape kits.
Existing law, the Sexual Assault Victims' DNA Bill of Rights,
authorizes a law enforcement agency investigating certain felony sex
offenses, upon the request of the victim, and subject to the
commitment of resources, to inform the victim whether or not a DNA
profile was obtained from the testing of the rape kit evidence or
other crime scene evidence from the case, whether or not that
information has been entered into the Department of Justice Data Bank
of case evidence, and whether or not there is a match between the
DNA profile 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, as specified. Existing law also
requires that the victim be given written notification by the law
enforcement agency if the law enforcement agency elects not to
perform DNA testing of the rape kit evidence or other crime scene
evidence, or intends to destroy or dispose of the rape kit evidence
or other crime scene evidence prior to the expiration of the statute
of limitations, as specified.
The bill would establish a pilot program in 10 counties,
commencing July 1, 2012, in which all rape kits collected in those
counties after that date will be processed by the Department of
Justice in department laboratories. The pilot program would be
operative until July 1, 2015, or the date when all rape kits
collected in the counties participating in the pilot project, during
the period of July 1, 2012, through December 31, 2014, are counted,
whichever comes first. The department would be required to test every
rape kit collected by a pilot project county during the period of
the pilot project. The bill would provide that these provisions would
be repealed on January 1, 2016.
By imposing additional burdens on local law enforcement entities,
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 680.1 is added to the Penal Code, to read:
680.1. (a) The Department of Justice shall establish a pilot
project, commencing July 1, 2012, in 10 California counties to open
and test all rape kits collected in those counties after the start of
the pilot project.
(b) The 10 counties chosen for inclusion in this pilot project are
counties with an arrest rate of less than 12 percent for the crime
of forcible rape as reported to the Attorney General's office for the
reporting periods 2007 to 2009, inclusive, and as determined by
adding the number of arrests for the crime of forcible rape reported
in the county for this three-year period and dividing this amount by
the number of forcible rapes reported during this time period.
(c) The following counties shall be included in the pilot project
based upon 2007 to 2009, inclusive, statistics reported to the
Attorney General's office for the crime of forcible rape:
(1) Alpine County.
(2) Amador County.
(3) Colusa County.
(4) El Dorado County.
(5) Napa County.
(6) Nevada County.
(7) Plumas County.
(8) Shasta County.
(9) Tehama County.
(10) Tuolumne County.
(d) The Department of Justice shall, in cooperation with each
pilot project county, establish a process regarding the collection,
storage, and testing of rape kits collected in the pilot project
counties. It is the intent of the Legislature that all rape kits that
are collected in a pilot program county after a date established by
the department, shall be sent to a forensic laboratory of the
department for analysis and testing. The department shall test every
rape kit collected by a pilot project county during the period of the
pilot project.
(e) The purpose of this pilot project is to determine whether
counties with the lowest arrest rates in California for the crime of
forcible rape can bring justice to victims by increasing their arrest
rates for this violent crime by having all rape kits that are
collected in the county, during the period of the pilot project,
tested for evidence of crime. The effectiveness of this pilot project
shall be measured by examining county statistics submitted to the
Attorney General's office pursuant to existing law that requires the
reporting of the number of forcible rapes committed in that county
and the number of arrests for forcible rape committed in that county.
(f) The pilot project shall become inoperative on the earlier date
of either July 1, 2015, or the date when all rape kits collected in
the counties participating in the pilot project during the period of
July 1, 2012, to December 31, 2014, inclusive, are counted. The
department shall test all rape kits collected by a pilot project
county during the pilot project.
(g) This section shall be repealed on January 1, 2016.
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.
