Portantino
Author
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. Existing law provides that the sole civil or criminal remedy available to a sexual assault victim for a law enforcement agency's failure to fulfill its responsibilities under the Sexual Assault Victims' DNA Bill of Rights is standing to file a writ of mandamus to require compliance with these notification provisions. This bill would require local law enforcement agencies responsible for taking or processing rape kit evidence to annually report to the Department of Justice statistical information pertaining to the processing of rape kits, as specified. The reports received would be subject to inspection under the California Public Records Act. These provisions would become inoperative on July 1, 2015, and would be repealed on January 1, 2016. By imposing additional reporting duties on local law enforcement agencies, 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.
Consideration of Governor's veto stricken from file.
Consideration of Governor's veto pending.
Vetoed by Governor.
Enrolled and to the Governor at 1:30 p.m.
Senate amendments concurred in. To enrollment. (Ayes 78. Noes 0. Page 3107.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 5 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 34. Noes 0. Page 2104.)
Read second time. To third reading.
(received by desk August 28, 2009 pursuant to JR61(a)(11))
From committee: Do pass. (Ayes 13. Noes 0.) (August 27).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
In committee: Placed on Appropriations suspense file.
Read second time, amended, and re-referred to Com. on APPR.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 14).
In committee: Hearing postponed by committee.
In committee: Hearing postponed by committee.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 78. Noes 0. Page 1973.)
Read second time. To third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (May 28).
In committee: Set, first hearing. Referred to APPR. suspense file.
In committee: Hearing postponed by committee.
Read second time and amended.
From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 21).
In committee: Set, first hearing. Hearing canceled at the request of author.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
Read first time.
From printer. May be heard in committee March 30.
Introduced. To print.
| Bill Text Versions | Format |
|---|---|
| AB1017 | HTML |
| 02/27/09 - Introduced | |
| 04/02/09 - Amended Assembly | |
| 04/23/09 - Amended Assembly | |
| 06/01/09 - Amended Assembly | |
| 07/23/09 - Amended Senate | |
| 08/19/09 - Amended Senate | |
| 09/10/09 - Enrolled |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.