Sexual assault: evidence.

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.