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CA SB1449
Bill
AI Summary
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Requires law enforcement agencies to submit sexual assault forensic evidence to crime labs within 20 days of booking or establish a rapid turnaround DNA program to submit evidence within 5 days from medical facilities.
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Mandates crime labs process sexual assault forensic evidence and upload DNA profiles to CODIS within 120 days of receipt, or transfer evidence to another lab within 30 days for processing.
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Grants sexual assault victims the right to request and receive information about DNA testing status, whether a DNA profile was obtained, and whether it matches offender databases.
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Requires law enforcement to notify victims of intent to destroy rape kit evidence at least 60 days in advance and prohibits destruction before 20 years or the victim's 40th birthday if the victim was under 18.
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Provides victims standing to file a writ of mandamus as the sole remedy for law enforcement failure to comply with notification and evidence retention requirements.
Legislative Description
Rape kits: testing.
Last Action
In Senate. Consideration of Governor's veto pending.
9/30/2018