California 2009-2010 Regular Session Status: To Executive

AB 558 — Sexual assault crimes.

Last action — Vetoed by Governor.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 collecting rape kit evidence to annually report to the Department of Justice statistical information pertaining to the testing and submission for DNA analysis of rape kits, as specified. The initial report would be due by July 1, 2012. The reports received would be subject to inspection under the California Public Records Act. These provisions would become inoperative on July 1, 2016, and would be repealed on January 1, 2017. 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.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and to the Governor at 3 p.m.

  3. Senate amendments concurred in. To enrollment. (Ayes 72. Noes 1. Page 6215.)

  4. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.

  5. Read third time, passed, and to Assembly. (Ayes 33. Noes 0. Page 4462.)

  6. Read second time. To third reading.

  7. Read third time, amended. To second reading.

  8. Read second time. To third reading.

  9. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  10. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (June 15).

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Re-referred to Com. on PUB. S.

  13. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  14. Referred to Com. on RLS.

  15. In Senate. Read first time. To Com. on RLS. for assignment.

  16. Read third time, passed, and to Senate. (Ayes 72. Noes 0. Page 3893.)

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 15. Noes 0.) (January 21).

  19. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (January 12).

  20. From committee: Be re-referred to Com. on PUB. S. Re-referred. (Ayes 10. Noes 0.) (January 4).

  21. Re-referred to Com. on RULES by unanimous consent.

  22. Re-referred to Com. on H. & C.D.

  23. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  24. In committee: Set, first hearing. Hearing canceled at the request of author.

  25. Re-referred to Com. on H. & C.D.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  27. From committee: Do pass, and re-refer to Com. on H. & C.D. Re-referred. (Ayes 7. Noes 0.) (April 1).

  28. Referred to Coms. on L. GOV. and H. & C.D.

  29. From printer. May be heard in committee March 28.

  30. Read first time. To print.

Sponsors

  • Portantino · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Portantino

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 558 PORTANTINO Concurrence in Senate Amendments

Passed 83 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78106
Democratic 2001
Republican 3000
Total 83107
% of votes cast 91%1%0%8%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Evans — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Beall — Yea
Coto — Yea
DeVore — Yea
Hill — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Harkey — Nay
Mendoza — Yea
Miller — Not Voting
Bass — Not Voting
Monning — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huffman — Yea
Lieu — Yea
Logue — Yea
Ma — Yea
Nielsen — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Eng — Yea
Davis — Not Voting
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB558 Portantino By Hancock

Passed 33 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Republican 1000
Democratic 1001
Total 33006
% of votes cast 85%0%0%15%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Florez — Yea
Lowenthal — Yea
Runner — Yea
Negrete — Not Voting
Corbett — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
McLeod — Not Voting
Oropeza — Not Voting
Pavley — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Ashburn — Yea
Harman — Yea
Huff — Yea
Liu — Yea
Price — Yea
Wiggins — Not Voting
Wyland — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 558 PORTANTINO Assembly Third Reading

Passed 82 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 3000
Unaffiliated 76008
Republican 3000
Total 82008
% of votes cast 91%0%0%9%
How each member voted (90)
Member Party Vote
Bill — Yea
Tom — Yea
Anderson — Yea
Beall — Yea
Eng — Yea
Evans — Yea
Charles — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hall — Not Voting
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Hayashi — Yea
V. — Not Voting
Manuel — Not Voting
Carter — Not Voting
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torrico — Yea
Tran — Yea
Perez — Not Voting
Torlakson — Not Voting
Adams — Yea
Ammiano — Yea
Bass — Not Voting
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Huber — Yea
Knight — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Smyth — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 20 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 18002
Democratic 1000
Republican 1000
Total 20002
% of votes cast 91%0%0%9%
How each member voted (22)
Member Party Vote
Hall — Yea
Conway — Yea
Charles — Yea
Nielsen — Yea
De — Yea
Leon — Yea
John — Yea
Ammiano — Yea
Perez — Yea
Audra — Yea
Skinner — Yea
Torlakson — Yea
Bradford — Yea
Harkey — Not Voting
Miller — Not Voting
Solorio — Yea
A. — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Be referred to Committee on Public Safety.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Furutani — Yea
Hall — Yea
Lieu — Yea
Adams — Not Voting
Silva — Yea
Swanson — Yea
Torlakson — Yea
Mendoza — Yea
Yamada — Yea
Fuller — Yea
Beth Gaines — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 558 do?
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 collecting rape kit evidence to annually report to the Department of Justice statistical information pertaining to the testing and submission for DNA analysis of rape kits, as specified. The initial report would be due by July 1, 2012. The reports received would be subject to inspection under the California Public Records Act. These provisions would become inoperative on July 1, 2016, and would be repealed on January 1, 2017. 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.
Who sponsors AB 558?
AB 558 is sponsored by Portantino.
What is the current status of AB 558?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 558?
Track AB 558 free on One Click Politics — get push/email alerts when it moves.

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