2014 Legislative Priorities

AB 1517 (Skinner)

Sponsored by CALCASA, Alameda County District Attorney Nancy O’Malley, and Natasha’s Justice Project

Would encourage a law enforcement agency to submit sexual assault forensic evidence to the crime lab as soon as practically possible, but no later than 5 days after being booked into evidence, and that the crime lab process evidence, create DNA profiles when able, and upload qualifying DNA profiles into the Combined DNA System (CODIS) as soon as practically possible, but not later than 30 days after the evidence is submitted by a law enforcement agency, in order to ensure the longest possible statute of limitations.

http://www.sfgate.com/opinion/openforum/article/Rape-kit-testing-backlog-undermines-justice-for-5242949.php

http://www.sacbee.com/2014/01/25/6099724/editorial-notebook-bill-to-require.html

AB 2545 (Lowenthal)

Sponsored by CALCASA

Would prohibit denial of an application for compensation under the above circumstances with respect to a claim based on sexual assault, as defined, committed by military personnel against military personnel, solely because the sexual assault was not reported to a superior officer or law enforcement at the time of the crime. The bill would set forth types of evidence of sexual assault the board would be required to consider in these cases, for purposes of determining if a claim qualifies for compensation. The bill would require both the perpetrator, as defined, and the victim to be active duty military personnel at the time the sexual assault occurred for these provisions to apply. This bill contains other existing laws.

SB 782 (DeSaulnier)

Sponsored by CALCASA

Would allow an individual to designate on his or her tax return that a specified amount in excess of his or her tax liability be transferred to the California Sexual Violence Victims Services Fund, which would be created by this bill. The California Sexual Violence Victim Services Fund would not be added on the tax return until another voluntary contribution designation is removed or a space is available.

SB 967 (de Leon)

Supported by CALCASA

Would require the governing boards of each community college district, the Trustees of the California State University, the Regents of the University of California, and the governing boards of independent postsecondary institutions to adopt policies concerning campus sexual violence, domestic violence, dating violence, and stalking that include certain elements, including an affirmative consent standard in the determination of whether consent was given by a complainant. The bill would require these governing boards to adopt certain sexual assault policies and protocols, as specified.

http://www.fresnobee.com/2014/02/15/3773224/editorial-sb-967-would-improve.html

http://www.sacbee.com/2014/02/10/6146048/california-bill-would-set-affirmative.html

SB 991 (Jackson)

Sponsored by CALCASA

Would define an act of sexual intercourse, sodomy, oral copulation, or sexual penetration, which is accomplished without the affirmative and freely given consent of the victim as rape in the 2nd degree. The bill would make rape in the 2nd degree a felony punishable by imprisonment in the state prison for 2, 3, or 4 years for the first offense, and by imprisonment in the state prison for 3, 6, or 8 years for a 2nd or subsequent violation.

Click here to download an overview of CALCASA’s 2013 Legislative Agenda.