California 2011-2012 Regular Session Status: To Executive

AB 322 — Forensic evidence: rape kits.

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 2011-2012 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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. The bill would establish a pilot program in 10 counties, commencing July 1, 2012, in which all rape kits collected in those counties after that date will be processed by the Department of Justice in department laboratories. The pilot program would be operative until July 1, 2015, or the date when all rape kits collected in the counties participating in the pilot project, during the period of July 1, 2012, through December 31, 2014, are counted, whichever comes first. The department would be required to test every rape kit collected by a pilot project county during the period of the pilot project. The bill would provide that these provisions would be repealed on January 1, 2016. By imposing additional burdens on local law enforcement entities, 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 presented to the Governor at 3 p.m.

  3. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 66. Noes 10. Page 2979.).

  4. Assembly Rule 77 suspended. (Page 2978.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 9 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 2. Page 2316.).

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Do pass as amended. (Ayes 9. Noes 0.) (August 25).

  9. In committee: Referred to APPR. suspense file.

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

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 5). Re-referred to Com. on APPR.

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

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

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 13. Page 1718.)

  17. Read second time. Ordered to third reading.

  18. Read second time and amended. Ordered to second reading.

  19. From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 27).

  20. In committee: Set, first hearing. Referred to APPR. suspense file.

  21. Re-referred to Com. on APPR.

  22. Read second time and amended.

  23. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 12).

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

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

  26. Referred to Com. on PUB. S.

  27. From printer. May be heard in committee March 12.

  28. Read first time. To print.

Sponsors

  • Portantino · Primary
  • Fuentes · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 3 voted No

Sponsors (1)

  • Portantino

Co-sponsors (1)

  • Fuentes

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 322 PORTANTINO Concurrence in Senate Amendments

Passed 66 Yea · 10 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 64904
Republican 1100
Democratic 1000
Total 661004
% of votes cast 83%13%0%5%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Halderman — Yea
Feuer — Yea
Butler — Yea
Hill — Yea
Fong — Yea
Carter — Yea
Allen — Yea
Alejo — Yea
Cedillo — Yea
Swanson — Yea
Wagner — Yea
Campos — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Furutani — Yea
Fletcher — Yea
Garrick — Not Voting
Gatto — Yea
Chesbro — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Beall — Yea
Conway — Not Voting
Davis — Yea
Donnelly — Nay
Hayashi — Yea
Huber — Nay
Huffman — Yea
Knight — Nay
Logue — Nay
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Nay
Nestande — Yea
Norby — Nay
Olsen — Nay
Silva — Yea
Smyth — Yea
Solorio — Yea
Valadao — Yea
Wieckowski — Yea
Achadjian — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hueso — Yea
Jeffries — Yea
Lara — Yea
Ma — Yea
Mansoor — Nay
Nielsen — Yea
Pan — Yea
Perea — Yea
Skinner — Yea
Torres — Yea
Williams — Yea
Cook — Yea
Eng — Yea
Dickinson — Yea
Fuentes — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB322 Portantino By Pavley

Passed 37 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34201
Republican 1000
Democratic 2000
Total 37201
% of votes cast 93%5%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Wyland — Yea
Evans — Yea
Cannella — Yea
Hancock — Yea
Runner — Yea
Lowenthal — Yea
Corbett — Yea
De León — Yea
Harman — Yea
Negrete McLeod — Yea
Hernandez — Yea
Rubio — Yea
Huff — Yea
Kehoe — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Fuller — Nay
Dutton — Yea
Alquist — Yea
Anderson — Yea
Blakeslee — Yea
Leno — Yea
Lieu — Yea
Steinberg — Yea
Vargas — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Yea
La Malfa — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Total 9000
% of votes cast 100%0%0%0%
How each member voted (9)
Member Party Vote
Runner — Yea
Lieu — Yea
Pavley — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Alquist — Yea
Kehoe — Yea
Emmerson — Yea

Official roll call →

Placed on Appropriations Suspense file.

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Runner — Not Voting
Kehoe — Yea
Pavley — Yea
Steinberg — Yea
Alquist — Yea
Lieu — Yea
Price — Yea
Walters — Yea
Emmerson — Yea

Official roll call →

AB 322 PORTANTINO Assembly Third Reading

Passed 61 Yea · 13 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 591206
Republican 1100
Democratic 1000
Total 611306
% of votes cast 76%16%0%8%
How each member voted (80)
Member Party Vote
Gorell — Not Voting
Hall — Yea
Butler — Yea
Furutani — Yea
Gatto — Yea
Hagman — Yea
Huber — Yea
Huffman — Yea
Fong — Yea
Allen — Yea
Ma — Yea
Perea — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Skinner — Yea
Blumenfield — Yea
Carter — Yea
Cedillo — Yea
Conway — Yea
Swanson — Yea
Williams — Yea
Fletcher — Yea
Galgiani — Yea
Campos — Yea
Garrick — Not Voting
Bonilla — Yea
Atkins — Yea
Gordon — Yea
Halderman — Not Voting
Cook — Not Voting
Harkey — Yea
Beall — Yea
Donnelly — Nay
Hueso — Yea
Jeffries — Not Voting
Lara — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Morrell — Nay
Nestande — Nay
Norby — Yea
Olsen — Nay
Pan — Yea
Silva — Nay
Solorio — Yea
Torres — Yea
Valadao — Nay
Wieckowski — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Hill — Yea
Knight — Nay
Logue — Nay
Mansoor — Nay
Nielsen — Yea
Smyth — Yea
Wagner — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Yamada — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Not Voting
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 12 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 11005
Democratic 1000
Total 12005
% of votes cast 71%0%0%29%
How each member voted (17)
Member Party Vote
Campos — Yea
Fuentes — Yea
Mitchell — Yea
Gatto — Yea
Hall — Yea
Donnelly — Not Voting
Harkey — Not Voting
Hill — Yea
Lara — Yea
Nielsen — Not Voting
Norby — Not Voting
Solorio — Yea
Wagner — Not Voting
Blumenfield — Yea
Bradford — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 322 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. The bill would establish a pilot program in 10 counties, commencing July 1, 2012, in which all rape kits collected in those counties after that date will be processed by the Department of Justice in department laboratories. The pilot program would be operative until July 1, 2015, or the date when all rape kits collected in the counties participating in the pilot project, during the period of July 1, 2012, through December 31, 2014, are counted, whichever comes first. The department would be required to test every rape kit collected by a pilot project county during the period of the pilot project. The bill would provide that these provisions would be repealed on January 1, 2016. By imposing additional burdens on local law enforcement entities, 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 322?
AB 322 is sponsored by Portantino and Fuentes.
What is the current status of AB 322?
This bill died with 2011-2012 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 322?
Track AB 322 free on One Click Politics — get push/email alerts when it moves.

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