Bill Text: CA AB358 | 2019-2020 | Regular Session | Amended
Bill Title: Sexual assault forensic examination kits: databases.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB358 Detail]
Download: California-2019-AB358-Amended.html
Amended
IN
Assembly
April 11, 2019 |
Amended
IN
Assembly
March 26, 2019 |
Assembly Bill | No. 358 |
Introduced by Assembly Member Low |
February 04, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 680.3 of the Penal Code is amended to read:680.3.
(a) Each law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence shall, within 120 days of collection, create an information profile for the kit on the Department of Justice’s SAFE-T database, if one does not already exist, and report the following:SEC. 2.
Section 680.5 is added to the Penal Code, to read:680.5.
(a) (1) Each city, county, city and county, or state laboratory that participates in CODIS shall, upon notification by the department that a CODIS hit has occurred for forensic evidence collected from a sexual assault kit, enter into the CHOP database the information required by the department.(c)On or before July 1, 2024, the Department of Justice shall fully integrate the SAFE-T database and the CHOP database to modernize sexual forensic evidence supply chain tracking and to accomplish all of the following goals:
(1)Enable qualified health care professionals to create information profiles for sexual assault kit evidence they collect from victims and input
information relevant to the examination and treatment of those victims, including demographic information and facts of the assault relevant in determining the probability of finding a probative DNA sample, on an electronic sexual assault mandated form.
(2)Require electronic sexual assault mandated forms to generate a unique identifier linking the police report number, exam number, kit number, and specimen number for the purposes of tracking the sexual assault kit.
(3)Establish an online, public-facing portal for victims to track the status of their sexual assault kit via time stamps to indicate the date of assault, date of exam, date the kit was received by the crime laboratory, date the kit analysis was completed, and, if applicable, date probative sample was uploaded to CODIS. This portal shall not have access to any identifying information about a victim or a suspect, shall
not contain any DNA profiles, and shall not contain any information that would impair a pending criminal investigation.
(4)Establish an internal portal for qualified health care professionals, law enforcement agencies, and laboratories to track the sexual assault kit and input data, including time stamp data, kit analysis data, and CODIS hit data.
(5)Database contents shall be confidential and the victim information in the database shall meet the confidentiality requirements of subdivision (f) of Section 680.3.
(d)
(e)