SB 271

Bill Subjects

Abstract

Existing law, the DNA Fingerprint, Unresolved Crime and Innocence Protection Act, an initiative measure approved by the voters in the November 2, 2004, statewide general election, creates in the State Treasury the state's DNA Identification Fund, and makes revenue from the fund, upon appropriation by the Legislature, available to the Attorney General solely to support DNA testing and to offset the impacts of increased testing. That act also provides for an increase in criminal penalties, revenues from which are allocated to state and local government to fund the expansion of DNA collection as required by the act. Of the funds attributable to that increase in penalties, existing law allocates 70% of the funds to the state within the first 2 years following the approval of the act; 50% of the funds to the state in the 3rd year; and thereafter, 25% of the funds to the state, with the remaining funds allocated to local governments. Existing law provides that any funds remaining in a county's share of the increase may be used for specified purposes, including expenditures made in connection with the processing, analysis, tracking, and storage of DNA crime scene samples from cases in which DNA evidence would be useful in identifying or prosecuting suspects, including the procurement of equipment and software for the processing, analysis, tracking, and storage of DNA crime scene samples. This bill would specifically provide that a county's remaining share of funds attributable to the increase in penalties as required by the act may be used by a local sheriff, police department, district attorney, or other law enforcement agency for expenditures and administrative costs made or incurred for utilizing a laboratory, other than the Department of Justice Laboratory, as specified, to expedite the analysis and processing of rape kits and uploading rape kit information to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System. The DNA Fingerprint, Unresolved Crime and Innocence Protection Act specifies that its provisions may be amended by the Legislature if the amendment furthers the act and is consistent with the purpose of the act to enhance the use of DNA identification evidence for the purpose of accurate and expeditious crime solving and for exonerating the innocent. This bill would also include a legislative finding that the bill furthers, and is consistent with, the purpose of that act, as specified. Existing law, the Sexual Assault Victims' DNA Bill of Rights, establishes specified rights for sexual assault victims and requires notification to sexual assault victims prior to the destruction or disposal of rape kit evidence under certain circumstances. This bill would, among other things, require law enforcement agencies that obtain rape kits in connection with the investigation of a criminal case to submit those rape kits to a laboratory, approved and designated by the Department of Justice, within 10 business days of receipt. The bill would require any laboratory that receives a rape kit from a law enforcement agency, as specified, to complete analysis of that rape kit within 6 months of receipt if sufficient staffing and resources are available. The bill would require that the results of all rape kits submitted for analysis pursuant to these provisions be uploaded, pursuant to rules and procedures established by the department, to the CAL-DNA Databank and the Federal Bureau of Investigation Combined DNA Index System. The bill would require any state or local law enforcement agency, on or before March 1, 2012, to provide written notice to the Department of Justice stating the number of rape kits that have not yet been previously submitted for analysis. Because this bill would impose additional duties on local law enforcement agencies, it would impose a state-mandated local program. The bill would require the department to report to the Legislature and make publicly available on its Internet Web site the number of unprocessed rape kits collected statewide prior to the operative date of this act and information related to the reduction of any backlog. 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.