David Chiu
- Democratic
Author
Existing law establishes the Sexual Assault Victims' DNA Bill of Rights, which, among other things, encourages a law enforcement agency assigned to investigate specified sexual assault offenses to perform DNA testing of rape kit evidence or other crime scene evidence in a timely manner to ensure the longest possible statute of limitations. Existing law also requires a law enforcement agency to inform victims of certain unsolved sexual assault offenses if the law enforcement agency elects not to analyze DNA evidence within certain time limits. This bill would require law enforcement agencies to report information regarding rape kit evidence, within 120 days of the collection of the kit, to the Department of Justice through a database established by the department. The bill would require that information to include, among other things, whether biological evidence samples were submitted to a DNA laboratory for analysis and if a probative DNA profile was generated. The bill would additionally require a public DNA laboratory, or a law enforcement agency contracting with a private laboratory, to provide a reason for not testing a sample every 120 days the sample is untested, except as specified. The bill would only impose these requirements for a kit collected on or after January 1, 2018. By imposing additional duties on local law enforcement, the bill would create a state-mandated local program. The bill would require that money received by the Office of Emergency Services from the federal Office on Violence Against Women be used before appropriating money from the General Fund for purposes of reimbursing any costs determined by the Commission on State Mandates to be mandated by the state to a local law enforcement agency by the bill. This bill would require the department to file a report to the Legislature on an annual basis summarizing the information in its database. The bill would prohibit law enforcement agencies or laboratories from being compelled to provide any contents of the database in a civil or criminal case, except as required by a law enforcement agency's duty to produce exculpatory evidence to a defendant in a criminal case. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 694, Statutes of 2017.
Enrolled and presented to the Governor at 12 p.m.
Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2912.).
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 3421.).
Ordered to special consent calendar.
In Assembly. Concurrence in Senate amendments pending.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
Read third time and amended. Ordered to second reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered returned to second reading.
From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (September 1).
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 6). Re-referred to Com. on APPR.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1261.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 17. Noes 0.) (April 5).
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (February 28). Re-referred to Com. on APPR.
In committee: Hearing postponed by committee.
From printer. May be heard in committee January 5.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB41 | HTML |
| 12/05/16 - Introduced | |
| 03/27/17 - Amended Assembly | |
| 09/01/17 - Amended Senate | |
| 09/08/17 - Amended Senate | |
| 09/15/17 - Enrolled | |
| 10/12/17 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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