Loading chat...

CA SB1449

Bill

Status

Vetoed

9/30/2018

Primary Sponsor

Connie Leyva

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations6/26/2018
Public Safety6/11/2018
Appropriations4/3/2018
Public Safety3/8/2018
Rules2/16/2018

Full Bill Text

No bill text available