FOR IMMEDIATE RELEASE
April 21, 2009

CONTACTS: Michael Tamariz
(916) 319-2044

Processing of All Rape Kits in California Moves Closer to Implementation

SACRAMENTO, CA – Today the Assembly Public Safety Committee approved legislation which would require all California law enforcement agencies to test every rape kit in their possession. Assembly Bill (AB) 1017, authored by Assemblymembers Anthony J. Portantino and Julia Brownley, cleared the committee by a vote of 7-0.

Under current law, evidence from rape kits are being held in law enforcement evidence lockers where many languish, oftentimes past the statute of limitations for prosecuting the crime. Last year it was reported that the Los Angeles City Police Department had over 7,000 untested rape kits in their evidence lockers with no plan for them to be opened or processed for evidence of a crime. Additional investigation revealed that the County of Los Angeles and many other local law enforcement agencies had significant backlogs of untested rape kits. While the number of these unopened kits has been subject to debate, it became obvious that local resources are not adequate to process rape kits for evidence unless there is a determined commitment to do so.

In his testimony, Assemblymember Anthony Portantino credited both the City and County of Los Angeles for publicly making the commitment that they will be testing every kit in their possession. Mr. Portantino added, “I have introduced AB 1017 to ensure that every community in California has the same assurance that all evidence of rapes and sexual assaults will be processed and collected to identify and punish those guilty of crimes.

In 1996, the New York City Police Department had over 17,000 untested rape kits in their possession. After a commitment to test every one of these kits, they had over 2,000 “hits” – or DNA matches. These hits led to the resolution of 154 cold rape cases, including the rapes of two teenage girls. “As has been demonstrated in New York, the tests required by AB 1017 will yield evidence that will result in the conviction of sexual predators that are escaping punishment because we are not currently testing all kits.” Portantino added.

A rape kit is the physical evidence, often including DNA, which is collected after a sexual assault. Portantino testified to the Committee saying that not testing rape kits after a woman has submitted herself to the invasive process of collecting a rape kit, “betrays the victim’s faith in the criminal justice system.”

AB 1017 will:
1) Require local law enforcement agencies to test all rape kits within six months after being obtained.
2) Require city and county law enforcement agencies to notify a rape victim if their rape kit has not been tested within six months.
3) Require city and county law enforcement agencies to report annually to the Department of Justice the number of unopened or untested rape kits the agency has in its possession.
4) Require local law enforcement agencies to report to the Department of Justice the total number of sexual assault crimes reported in the jurisdiction if conviction of that crime would require the offender to register as a sex offender.

AB 1017 will next be considered by the Assembly Appropriations Committee.

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