Sexual assault forensic evidence: testing.
The bill aims to address significant delays in the processing of sexual assault forensic evidence, thereby improving outcomes for victims and potentially leading to quicker identification and prosecution of offenders. Additionally, it mandates that local law enforcement agencies maintain better communication with victims regarding the status of their evidence. Should local agencies fail to comply with these responsibilities, the bill allows for specific legal recourse for victims through the filing of a writ of mandamus, thereby reinforcing their rights within the criminal justice system.
Assembly Bill 18, introduced by Assembly Member Lackey, seeks to amend Section 680 of the Penal Code concerning the testing of sexual assault forensic evidence. The bill emphasizes the importance of timely DNA analysis and processing of rape kits, particularly those received by law enforcement agencies prior to January 1, 2016. Under the proposed legislation, any such evidence must be submitted to a crime lab by January 31, 2023, and kits submitted after January 1, 2022, must be processed no later than January 31, 2024. This legislative move is framed within broader efforts to enhance victim rights and ensure effective prosecution of sexual assault cases.
One of the notable points of contention surrounding AB 18 is the potential financial burden it may impose on local law enforcement agencies due to the requirements for enhanced evidence processing. The bill establishes a state-mandated local program, and consequently, it stipulates that the state is required to reimburse local agencies for unfunded mandates. This reimbursement provision ensures that the implementation of the bill does not unduly strain local resources while pushing forward the agenda of reinforcing victims' rights and expediting justice.