Bill Text: CA AB3118 | 2017-2018 | Regular Session | Amended

California Assembly Bill 3118 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Sexual assault: investigations.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Passed) 2018-09-30 - Chaptered by Secretary of State - Chapter 950, Statutes of 2018. [AB3118 Detail]

Download: California-2017-AB3118-Amended.html

Amended IN Senate July 05, 2018

Amended IN Assembly May 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 3118

Introduced by Assembly Members Chiu and Gonzalez Fletcher
(Coauthors: Assembly Members Lackey, Rodriguez, and Mullin)
(Coauthor: Senator Leyva)

February 16, 2018

An act to add and repeal Section 680.4 of the Penal Code, relating to sexual assault.

LEGISLATIVE COUNSEL'S DIGEST

AB 3118, as amended, Chiu. Sexual assault: investigations.

Existing law establishes the “Sexual Assault Victims’ DNA Bill of Rights” which prescribes requirements for law enforcement agencies and crime labs regarding the processing of forensic evidence in sexual assault cases and requires certain notifications to be made to the victim.

This bill would require all law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits to conduct an audit of all untested sexual assault evidence kits in their possession and report certain data to the Department of Justice by no later than July 1, 2019.

The bill would also require the Department of Justice to prepare and submit a report to the Legislature regarding the results of these audits by no later than July 1, 2020.

By requiring local government entities to complete an audit and submit a report, 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 the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

Section 680.4 is added to the Penal Code, to read:

680.4.

(a) Each law enforcement agency, medical facility, crime laboratory, and any other facility that receives, maintains, stores, or preserves sexual assault evidence kits shall conduct an audit of all untested sexual assault kits in their possession and shall, no later than July 1, 2019, submit a report to the Department of Justice containing the following information:

(1) The total number of untested sexual assault kits in their possession.

(2) For each kit, the following information:

(A) Whether or not the assault was reported to a law enforcement agency.

(B) ~~The~~ For kits other than those described in subparagraph (C), the following ~~dates,~~ data, as applicable:

(i) The date the kit was collected.

(ii) The date the kit was picked up by a law enforcement agency, for each law enforcement agency that has taken custody of the kit.

(iii) The date the kit was delivered to a crime laboratory.

~~(C)~~

(iv) The reason the kit has not been tested, if applicable.

(C) For kits where the victim has chosen not to pursue prosecution at the time of the audit, only the number of kits.

(b) The Department of Justice shall, no later than July 1, 2020, prepare and submit a report to the Legislature summarizing the information received pursuant to subdivision (a).

(d) Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2024.

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.