Sexual assault: evidence.
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AB 1496 — Sexual assault: evidence.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 declares that timely DNA analysis of rape kit evidence is a core public safety issue affecting men, women, and children in the State of California. Existing law finds and declares that law enforcement agencies should either submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days after it is booked into evidence or to ensure that a rapid turnaround DNA program is in place, as specified. Existing law also finds and declares that a crime lab that receives sexual assault forensic evidence on or after January 1, 2016, should either process the evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System, as specified, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence, for processing of the evidence for the presence of DNA. This bill would instead require, for all sexual assault forensic evidence received on and after January 1, 2020, a law enforcement agency to either submit the evidence to a crime lab within 20 days or ensure that a rapid turnaround DNA program is in place, as specified, and would require a crime lab to either process the evidence as soon as practically possible, and no later than 120 days after receiving the evidence, or transmit the evidence to another crime lab for processing, as specified. The bill would additionally, for all sexual assault forensic evidence received before January 1, 2020, require a law enforcement agency to submit the evidence to a crime lab within 6 months, and would require a crime lab to process the evidence as soon as practically possible, and within no more than 120 days, or transmit the evidence to another crime lab for processing. Because this bill would impose a higher level of service on local law enforcement agencies in processing that evidence, it 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.
Bill Text
- Amended 03/21/19 - Amended Assembly Current pdf March 21, 2019
- Introduced 02/22/19 - Introduced pdf February 22, 2019
- AB1496 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Held under submission.
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In committee: Set, first hearing. Referred to APPR. suspense file.
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From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 9). Re-referred to Com. on APPR.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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Read first time.
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From printer. May be heard in committee March 25.
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Introduced. To print.
Sponsors
- Frazier · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Frazier
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Democratic | 2 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % 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 |
Subjects
Frequently asked questions
- What does AB 1496 do?
- Existing law declares that timely DNA analysis of rape kit evidence is a core public safety issue affecting men, women, and children in the State of California. Existing law finds and declares that law enforcement agencies should either submit sexual assault forensic evidence received on or after January 1, 2016, to a crime lab within 20 days after it is booked into evidence or to ensure that a rapid turnaround DNA program is in place, as specified. Existing law also finds and declares that a crime lab that receives sexual assault forensic evidence on or after January 1, 2016, should either process the evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA Index System, as specified, or transmit the sexual assault forensic evidence to another crime lab as soon as practically possible, but no later than 30 days after receiving the evidence, for processing of the evidence for the presence of DNA. This bill would instead require, for all sexual assault forensic evidence received on and after January 1, 2020, a law enforcement agency to either submit the evidence to a crime lab within 20 days or ensure that a rapid turnaround DNA program is in place, as specified, and would require a crime lab to either process the evidence as soon as practically possible, and no later than 120 days after receiving the evidence, or transmit the evidence to another crime lab for processing, as specified. The bill would additionally, for all sexual assault forensic evidence received before January 1, 2020, require a law enforcement agency to submit the evidence to a crime lab within 6 months, and would require a crime lab to process the evidence as soon as practically possible, and within no more than 120 days, or transmit the evidence to another crime lab for processing. Because this bill would impose a higher level of service on local law enforcement agencies in processing that evidence, it 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.
- Who sponsors AB 1496?
- AB 1496 is sponsored by Frazier.
- What is the current status of AB 1496?
- 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 1496?
- Track AB 1496 free on One Click Politics — get push/email alerts when it moves.
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