BILL NUMBER: AB 322 AMENDED
BILL TEXT
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
Sections 680.1 and 680.2 of the Penal Code, relating to
forensic evidence.
LEGISLATIVE COUNSEL'S DIGEST
AB 322, as amended, 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.
This bill would require local law enforcement agencies responsible
for taking or collecting rape kit evidence to annually report to the
Department of Justice statistical information pertaining to the
testing and submission for DNA analysis of rape kits, as specified.
The initial report would be due by July 1, 2013. The reports received
by the department would be subject to inspection under the
California Public Records Act.
The bill would provide that its those
provisions would become inoperative on July 1, 2017, and would
be repealed on January 1, 2018.
By imposing additional reporting duties on local law enforcement
agencies, this bill would impose a state-mandated local program.
The bill would establish a pilot program in 9 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
January 1, 2015, provided however, the department may extend the
pilot program for one year. 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.
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 680.1 is added to the Penal Code, to read:
680.1. (a) Each local law enforcement agency responsible for
taking or collecting rape kit evidence shall collect the following
information for rape kits collected on or after January 1, 2012:
(1) The total number of rape kits collected during the preceding
calendar year and, of that total, the number of rape kits for which
the identity of the assailant is unknown.
(2) The total number of rape kits tested during the preceding
calendar year and, of that total, the number of rape kits for which
the identity of the assailant is unknown.
(3) The total number of rape kits submitted for DNA analysis and,
of that total, the number of rape kits for which the identity of the
assailant is unknown.
(4) The number of rape kits that law enforcement has submitted for
DNA analysis that remain untested and, of that number, the number of
rape kits for which the identity of the assailant is unknown.
(5) The total number of untested rape kits that were not submitted
for DNA analysis in its possession as of January 1 of the reporting
year.
(b) Each local law enforcement agency responsible for taking or
collecting rape kit evidence shall report, by July 1 of each year,
the information collected pursuant to this section during the
preceding year to the Department of Justice. The initial report to
the department pursuant to this subdivision shall be made by July 1,
2013.
(c) The reports received by the department pursuant to subdivision
(b) are subject to inspection under the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
(d) This section shall remain operative only until July 1, 2017,
and shall be repealed on January 1, 2018, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
SEC. 2. Section 680.2 is added to the
Penal Code , to read:
680.2. (a) The Legislature finds and declares the following:
(1) Existing law requires local law enforcement agencies in
California to report to the Department of Justice the number of
specified violent crimes reported in their jurisdictions in the prior
year. These law enforcement agencies are also required to report the
number of arrests for these crimes that occur in their jurisdictions
in the prior year.
(2) It is the intent of the Legislature to establish a pilot
project in California to determine whether testing of all rape kits
in California counties with low arrest rates for the crime of
forcible rape will improve the number of arrests in these counties
for that crime.
(3) In 2009, forcible rapes accounted for 5 percent of all violent
crimes reported statewide but only 1.7 percent of the arrests for
violent crime. As reported on the Attorney General's Internet Web
site, in 2009 there were 174,579 violent crimes reported. Of these
crimes, 8,698 or 5 percent were for forcible rape. Of the arrests for
violent crime reported in 2009, only 1.7 percent or 2,050 arrests
were for the crime of forcible rape.
(4) In 2009, the Department of Justice reported 8,698 forcible
rapes in California. The number of arrests reported for 2009 was
2,050. This is a statewide arrest rate of 23.6%. In 1999, the arrest
rate was 30.6; there were 2,887 arrests for forcible rape of the
9,443 forcible rapes that were reported.
(b) The Department of Justice shall establish a pilot project,
commencing July 1, 2012, in nine California counties to open and test
all rape kits collected in those counties after the start of the
pilot project.
(c) The nine counties chosen for inclusion in this pilot project
shall be 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. The arrest rate
shall be 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.
(d) 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 as follows:
(1) Alpine County: 4 forcible rapes, 0 arrests, 0 percent arrest
rate.
(2) Amador County: 52 forcible rapes, 3 arrests, 5.8 percent
arrest rate.
(3) Colusa County: 20 forcible rapes, 2 arrests, 10 percent arrest
rate.
(4) El Dorado County: 118 forcible rapes, 12 arrests, 10.2 percent
arrest rate.
(5) Nevada County: 69 forcible rapes, 5 arrests, 7.2 percent
arrest rate.
(6) Plumas County: 46 forcible rapes, 2 arrests, 4 percent arrest
rate.
(7) Shasta County: 363 forcible rapes, 17 arrests, 4.7 percent
arrest rate.
(8) Tehama County: 42 forcible rapes, 1 arrest, 2.4 percent arrest
rate.
(9) Tuolumne County: 62 forcible rapes, 7 arrests, 11.3 percent
arrest rate.
(e) The Department of Justice shall, in cooperation with the pilot
project county, establish a process regarding the collection,
storage, and testing of rape kits collected in the pilot project
county. It is the intent of the Legislature that all rape kits that
are collected in the 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 for a crime committed during the
period of the pilot project.
(f) 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 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.
(g) The pilot project shall be inoperative on January 1, 2015,
provided however, that the department may extend the operation of the
program by one year, until January 1, 2016. If the department
extends the program, the department shall post a notice on its
Internet Web site that the program has been extended, and shall
provide written notice to the counties in the pilot program prior to
January 1, 2015, that the program will be extended.
(h) This section shall be repealed on January 1, 2016.
SEC. 2. SEC. 3. 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.