California 2019-2020 Regular Session Status: In Committee

AB 358 — Sexual assault forensic examination kits: databases.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2019-2020 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 makes the Department of Justice, through its DNA Laboratory, responsible for the management and administration of the state's DNA and Forensic Identification Database and Data Bank Program. Existing law requires a law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence, within 120 days of collection, to create an information profile for the kit on the Department of Justice's Sexual Assault Forensic Evidence Tracking (SAFE-T) database and report specified information, including if biological samples from the kit were submitted to a DNA laboratory for analysis. This bill would require a law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence to create an information profile for the kit only if one does not currently exist. The bill would require each city, county, city and county, or state laboratory that participates in the California Combined DNA Index System (CODIS) , upon notification by the department that a CODIS hit has occurred for forensic evidence collected from a sexual assault kit, to enter into the CODIS Hit Outcome Project (CHOP) database the information required by the department and to report to the department, as required by the department, the status and outcome of those investigative leads. By expanding the duties of local agencies, this bill would impose a state-mandated local program. The bill would require the department to annually report to the Governor and the Legislature summarizing data on sexual assault kits. The bill would additionally require the department to create a statewide sexual assault kit tracking system that, among other things, allows victims of sexual assault to track or receive updates regarding the status and location of their sexual assault kits. The bill would require the department to submit, on or before July 1, 2021, a report on the current status and plan for launching the system to the Legislature. 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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Held under submission.

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

  5. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 23). Re-referred to Com. on APPR.

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

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

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

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

  10. In committee: Hearing postponed by committee.

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

  12. Referred to Com. on PUB. S.

  13. From printer. May be heard in committee March 7.

  14. Read first time. To print.

Sponsors

  • Low · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Low

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

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5000
Republican 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Santiago — Yea
Kamlager-Dove — Yea
Diep — Yea
Quirk — Yea
Jones-Sawyer — Yea
Bauer-Kahan, Rebecca Democratic Yea
Wicks, Buffy Democratic Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 358 do?
Existing law makes the Department of Justice, through its DNA Laboratory, responsible for the management and administration of the state's DNA and Forensic Identification Database and Data Bank Program. Existing law requires a law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence, within 120 days of collection, to create an information profile for the kit on the Department of Justice's Sexual Assault Forensic Evidence Tracking (SAFE-T) database and report specified information, including if biological samples from the kit were submitted to a DNA laboratory for analysis. This bill would require a law enforcement agency that has investigated a case involving the collection of sexual assault kit evidence to create an information profile for the kit only if one does not currently exist. The bill would require each city, county, city and county, or state laboratory that participates in the California Combined DNA Index System (CODIS) , upon notification by the department that a CODIS hit has occurred for forensic evidence collected from a sexual assault kit, to enter into the CODIS Hit Outcome Project (CHOP) database the information required by the department and to report to the department, as required by the department, the status and outcome of those investigative leads. By expanding the duties of local agencies, this bill would impose a state-mandated local program. The bill would require the department to annually report to the Governor and the Legislature summarizing data on sexual assault kits. The bill would additionally require the department to create a statewide sexual assault kit tracking system that, among other things, allows victims of sexual assault to track or receive updates regarding the status and location of their sexual assault kits. The bill would require the department to submit, on or before July 1, 2021, a report on the current status and plan for launching the system to the Legislature. 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.
Who sponsors AB 358?
AB 358 is sponsored by Low.
What is the current status of AB 358?
This bill died with 2019-2020 Regular Session. It reached “In Committee” 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 358?
Track AB 358 free on One Click Politics — get push/email alerts when it moves.

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