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Tuesday, April 23, 2024 | Back issues
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Sexual assault DNA protection moves forward in California

DNA protections for sexual assault victims takes another step in the California Legislature.

(CN) — A bill to protect the DNA samples taken from victims of sexual assault will not be used against them in the future took another step forward as it was unanimously approved by the California Assembly Committee on Public Safety Wednesday.

Senate Bill 1228, known as the Genetic Privacy for Sexual Assault Victims Act, was introduced by state Senator Scott Wiener and cosponsored by Assembly member Phil Ting and passed the California State Senate with no opposition and is now moving through the California State Assembly.

Wiener spoke briefly before the committee and noted that the proposed legislation would close a loophole that exists under California law. Wiener noted in a statement on his website when he introduced the legislation, that under current federal law DNA samples taken from sexual assault victims is prohibited from begin stored in the Combined DNA Index System (CODIS). In California, law enforcement agencies had been storing DNA information obtained from victims in a quality assurance database and using the DNA they obtained to match in any future crimes, Wieners’ Office said in a statement.

In a normal course of an investigation, sexual assault victims go through a procedure in which they provide a DNA sample so law enforcement can exclude their DNA when they are conducting their investigation. DNA samples may also be taken from witnesses, family members and others may be collected as well; under the proposed legislation none of the DNA samples would be stored or collected by law enforcement once the investigation is completed.

“This legislation would close a loophole in existing California state law and protect victims of sexual assault while they are going through a traumatic experience,” Wiener told the committee.

Multiple district attorneys and organizations have come out in support of the legislation, including the San Francisco District Attorney Chesa Boudin, the Prosecutors Alliance of California and Black Women Revolt.

The legislation now moves to the Assembly Appropriations Committee.

Categories / Civil Rights, Criminal

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