Chiu Bill to Audit Backlog of Untested Rape Kits Passes Senate

Details
Category: World News
Published on Friday, 24 August 2018 06:12
Written by Melissa Schwartz

A bill by Assemblymember David Chiu (D-San Francisco) to address the backlog of untested sexual assault evidence kits passed the Senate floor today. The measure, AB 3118, will require a statewide audit of all untested rape kits in California.

"Sexual assault survivors deserve justice, and a rape kit sitting on a shelf collecting dust is not justice," said Assemblymember Chiu. "To truly address the backlog, we need to know how many untested kits exist in California, and we must test all kits moving forward to ensure we do not increase that backlog."

John H. Tucker wins July Sidney Award for exposé of Rikers Rape Crisis Published in New York Magazine

Assembly Bill 3118 would require a one-time, statewide audit of California's rape kit backlog by requiring all agencies that receive, maintain, or preserve sexual assault evidence kits to survey all kits in the agencies' possession and report those findings to the California Department of Justice. The bill also requires the Department of Justice to report the findings of the audit to the Legislature.

AB 3118 was introduced alongside Senator Connie M. Leyva's SB 1449, which will require the testing of all new sexual assault evidence kits. SB 1449 will require that law enforcement agencies submit evidence collected to a laboratory within 20 days and laboratories process that evidence within 120 days following receipt.

"Together, SB 1449 and AB 3118 will help ensure that we continue to stand on the side of justice for rape victims in California," said Senator Connie M. Leyva.  "I am proud to continue working with Assemblymember Chiu on these important bills that will protect public safety and solidify California's leadership in helping victims of rape and sexual assault."

Op/Ed: Adding My Voice and Story to the Many Who Were Once Silenced by Violence

These efforts come amidst the national uproar around the mismanagement of sexual assault evidence kits and what is known as the "rape kit backlog." Some jurisdictions have worked to decrease their backlogs to varying degrees, but there is currently no comprehensive data available in California about the number of sexual assault evidence kits that remain untested. While existing law encourages law enforcement to test kits in a timely manner, how different agencies interpret and implement this legislative guidance varies significantly.

Assemblymember Chiu and Senator Leyva were able to secure resources in the State budget to fund these initiatives. One million dollars will be available to fund an audit of untested rape kits, and $6.5 million will be used to test both backlogged and newly collected kits.

New York State's Archaic Rape Statutes of Limitations Ignites Jane Doe No More

The Joyful Heart Foundation, Alameda District Attorney Nancy O'Malley, and Natasha's Justice Project are sponsors of both AB 3118 and SB 1449.

 "The implementation of this bill will fundamentally alter the landscape of the national rape kit backlog. Today, we are a significant step closer to understanding the reality of California's untested sexual assault kit inventory, which is the largest state in the country without an accurate count," said Ilse Knecht, Director of Policy & Advocacy at the Joyful Heart Foundation. "For too long, the extent of California's rape kit backlog has been unknown, stalling justice for survivors and allowing predators to remain free. We are proud to stand with our partners in championing this accomplishment and look forward to the Governor's signature." 


"Thank you to Assemblymember David Chiu and Senator Connie Leyva for their leadership on this important public safety legislation," said Alameda District Attorney Nancy O'Malley. "The prompt testing and effective tracking of rape kits will bring justice to sexual assault victims throughout our state."

AB 3118 now heads to the Assembly floor for a concurrence vote, while Senator Leyva's bill, SB 1449, is awaiting a vote on the Assembly floor.

Haute News

Haute Tease

  • Justice Watch: A Failed System The Victim X Story (Part I)

    Justice is elusive. For every Jeffrey Epstein, Harvey Weinstein, Bill Cosby, and Eric Schneiderman, millions of other perpetrators remain free to rape and sexually assault and those victims never get their day in court. I know I’m one of them.

     

  • La Terre ou le Ciel

    La rencontre entre l’ayatollah iranien Ali Al-Sistani et le Pape François a posé les bases d’un nouveau dialogue entre les deux religions, n’en déplaise aux extrémistes islamistes marginalisés, à l’image de Reda Kriket, par l’entrevue des deux dignitaires religieux.

     

  • The Cleveland Orchestra Announces 100th Season; Returns to Carnegie Hall; Continues Youth Free Programs

    The Cleveland Orchestra and Music Director Franz Welser-Möst have announced details of the upcoming 2017-18 calendar.  The season will be the ensemble's 100th year of concerts and marks the launch of its Second Century.  It is also the 16th year of the Orchestra's acclaimed partnership with Franz Welser-Möst.  

  • World News: Emmanuel Macron Faces His Defining Test

    What is macronism? Subject of interrogation which does not tire to question quidams and political scientists in a world turned upside down and in lack of markers. And if precisely, macronism was the fruit of the absence of vision.

     

  • World News: Mass Vaccination Becomes A Political Agenda

    French President Emmanuel Macron, facing a tough reelection, is gambling on politicizing the coronavirus pandemic by exceeding the nation’s health status, integrating inflated vaccination numbers into its balance sheet could thus be a cornerstone of its programme.

     

  • And the Oscar For Best Animated Short Film Goes To . .

    With The Academy Awards quickly approaching the nominees for the Animated Short film category are bringing together a group of delightful and difficult choices to the screen. Watching each of them, it does becomes a battle between the faithful, "Get A Horse" from Walt Disney to the modern, "Mr. Hublot" with "Room on a Broom" flying in to mix up the pot.