Critical Finance Deadline - Donate NOW!

Don't forget to donate today:

Chris Murphy for Senate
Chris Donovan for Congress
Ben Blake for Mayor

and, if you are still feeling flush after that:

Elizabeth Warren

Thank you.

Common Cause CT & Amy Goodman (YaY!)

Common Cause Connecticut Annual Celebration Brunch and Silent Auction:

Special Guest: Amy Goodman

"Goodman is an award-winning investigative journalist and syndicated columnist, author and the host of Democracy Now! airing on more than 950 public television/radio stations worldwide. Goodman is the first journalist to receive the Right Livelihood Award, widely known as the 'Alternative Nobel Prize.'"
 
Common Cause Connecticut will also be honoring Miles Rapoport, "President of DEMOS, former Connecticut Secretary of the State, State Representative and longtime champion of good government in Connecticut and around the country."

As well as the Connecticut Center for a New Economy, "a non-profit organization dedicated to improving the economic and social well-being of working families in Connecticut's urban centers."

Saturday, October 1st
10:30 am

Tango Creative Banquets

2941 Main Street

Glastonbury CT

Call to make sure they aren't full...(860) 549-1220

Video Explanation for the Previously Mis-Informed

Americans move dramatically toward acceptance of homosexuality

Young people lead the changes





IMAGE: A plurality of Americans now support marriage of people of the same sex, a major change in the last few years.



Although sharply divided, public attitudes toward gays and lesbians are rapidly changing to reflect greater acceptance, with younger generations leading the way, research by NORC at the University of Chicago shows.

In addition to a plurality who now approve of same-sex marriage, Americans overwhelmingly support basic civil liberties and freedom of expression for gays and lesbians, in contrast to sharp division on such issues in the 1970s. Taken together, the results show a clear "trend toward greater tolerance regarding homosexuality," said Tom W. Smith, director of the General Social Survey at NORC and author of the NORC report, "Public Attitudes toward Homosexuality."

The rise in support for same-sex marriage has been especially dramatic over the last two decades. It went from 11 percent approval in 1988 to 46 percent in 2010, compared to 40 percent who were opposed, producing a narrow plurality in favor for the first time. The report is based on findings of the latest General Social Survey, conducted in 2010 with a cross sample of more than 2,000 people.

"There is a large generation gap on the issue [of same-sex marriage]," Smith said. While 64 percent of those under 30 back same-sex marriage, only 27 percent of those 70 and older support it.

Acceptance of homosexuality in general also reflects the generational difference in opinion. In 2010, 26 percent of the people surveyed who were under 30 said they felt same-sex behavior is "always wrong," while 63 percent of the people aged 70 and older held that opinion.

As a result of the generational division, public attitudes are sharply divided on the issue. Although 44 percent of the people surveyed felt that sexual relations between two adults of the same sex is always wrong, another 41 percent thought such relations were "not wrong at all."

"Just 11 percent were in the middle, saying it was either 'almost always wrong' or 'wrong only sometimes.' Public opinion is thus highly polarized on this issue, with few people sharing the middle ground," Smith said.

The GSS, which has been conducted biennially for 40 years, showed a marked increase in support of many civil liberties for gays and lesbians. Support for a gay person's right to speak before a public audience increased from 62 percent in 1972 to 86 percent in 2010; support for allowing gays and lesbians to teach at colleges or universities rose from 48 percent in 1973 to 84 percent in 2010; and approval for having a library keep a book that favors homosexuality rose from 54 percent in 1973 to 78 percent in 2010.

The change toward acceptance of homosexuality began in the late 1980s after years of remaining relatively constant. In 1973, 70 percent of people felt same-sex relations are "always wrong," and in 1987, 75 percent held that view. By 2000, however, that number dropped to 54 percent and by 2010 was down to 43.5 percent.

Ω

Big Tobacco knew radioactive particles in cigarettes posed cancer risk but kept quiet

Tobacco companies knew that cigarette smoke contained radioactive alpha particles for more than four decades and developed "deep and intimate" knowledge of these particles' cancer-causing potential, but they deliberately kept their findings from the public, according to a new study by UCLA researchers.

The analysis of dozens of previously unexamined internal tobacco industry documents, made available in 1998 as the result of a legal settlement, reveals that the industry was aware of cigarette radioactivity some five years earlier than previously thought and that tobacco companies, concerned about the potential lung cancer risk, began in-depth investigations into the possible effects of radioactivity on smokers as early as the 1960s.

"The documents show that the industry was well aware of the presence of a radioactive substance in tobacco as early as 1959," the authors write. "Furthermore, the industry was not only cognizant of the potential 'cancerous growth' in the lungs of regular smokers, but also did quantitative radiobiological calculations to estimate the long-term lung radiation absorption dose of ionizing alpha particles emitted from cigarette smoke." The study, published online Sept. 27 in Nicotine & Tobacco Research, the peer-reviewed journal of the Society for Research on Nicotine and Tobacco, adds to a growing body of research detailing the industry's knowledge of cigarette smoke radioactivity and its efforts to suppress that information.

"They knew that the cigarette smoke was radioactive way back then and that it could potentially result in cancer, and they deliberately kept that information under wraps," said the study's first author, Hrayr S. Karagueuzian, a professor of cardiology who conducts research at UCLA's Cardiovascular Research Laboratory, part of the David Geffen School of Medicine at UCLA. "Specifically, we show here that the industry used misleading statements to obfuscate the hazard of ionizing alpha particles to the lungs of smokers and, more importantly, banned any and all publication on tobacco smoke radioactivity."

The radioactive substance - which the UCLA study shows was first brought to the attention of the tobacco industry in 1959 - was identified in 1964 as the isotope polonium-210, which emits carcinogenic alpha radiation. Polonium-210 can be found in all commercially available domestic and foreign cigarette brands, Karagueuzian said, and is absorbed by tobacco leaves through naturally occurring radon gas in the atmosphere and through high-phosphate chemical fertilizers used by tobacco growers. The substance is eventually inhaled by smokers into the lungs.

The study outlines the industry's growing concerns about the cancer risk posed by polonium-210 inhalation and the research that industry scientists conducted over the decades to assess the radioactive isotope's potential effect on smokers - including one study that quantitatively measured the potential lung burden from radiation exposure in a two-pack-a-day smoker over a two-decade period.

Karagueuzian and his colleagues made independent calculations using industry and academic data and arrived at results that very closely mirrored those of that industry study, which was conducted nearly a quarter-century ago. They then compared those results to rates used by the Environmental Protection Agency to estimate lung cancer risk among individuals exposed to similar amounts of alpha particle-emitting radon gas in their homes.

"The gathered data from the documents on the relevant radiobiological parameters of the alpha particles - such as dose, distribution and retention time - permitted us to duplicate the industry's secretly estimated radiation absorbed dose by regular smokers over a 20- or 25-year period, which equaled 40 to 50 rads," he said. "These levels of rads, according to the EPA's estimate of lung cancer risk in residents exposed to radon gas, equal 120 to 138 deaths per 1,000 regular smokers over a 25-year period."

Despite the potential risk of lung cancer, tobacco companies declined to adopt a technique discovered in 1959 and then another developed in 1980 that could have helped eliminate polonium-210 from tobacco, the researchers said. The 1980 technique, known as an acid-wash, was found to be highly effective in removing the radioisotope from tobacco plants, where it forms a water-insoluble complex with the sticky, hair-like structures called trichomes that cover the leaves.

And while the industry frequently cited concerns over the cost and the possible environmental impact as rationales for not using the acid wash, UCLA researchers uncovered documents that they say indicate the real reason may have been far different.

"The industry was concerned that the acid media would ionize the nicotine, making it more difficult to be absorbed into the brains of smokers and depriving them of that instant nicotine rush that fuels their addiction," Karagueuzian said. "The industry also were well aware that the curing of the tobacco leaves for more than a one-year period also would not eliminate the polonium-210, which has a half-life of 135 days, from the tobacco leaves because it was derived from its parent, lead-210, which has a half-life of 22 years."

Karagueuzian said the insoluble alpha particles bind with resins in the cigarette smoke and get stuck and accumulate at the bronchial bifurcations of the lungs, forming "hot spots," instead of dispersing throughout the lungs. In fact, previous research on lung autopsies in smokers who died of lung cancer showed that malignant growths were primarily located at the same bronchial bifurcations where these hot spots reside.

"We used to think that only the chemicals in the cigarettes were causing lung cancer," Karagueuzian said. "But the case of the these hot spots, acknowledged by the industry and academia alike, makes a strong case for an increased probability of long-term development of malignancies caused by the alpha particles. If we're lucky, the alpha particle-irradiated cell dies. If it doesn't, it could mutate and become cancerous."

Karagueuzian said the findings are very timely in light of the June 2009 passage of the Family Smoking Prevention and Tobacco Control Act, which grants the U.S. Food and Drug Administration broad authority to regulate and remove harmful substances - with the exception of nicotine - from tobacco products. The UCLA research, he said, makes a strong case that the FDA ought to consider making the removal of alpha particles from tobacco products a top priority.

"Such a move could have a considerable public health impact, due to the public's graphic perception of radiation hazards," he said.

To uncover the information, Karagueuzian and his team combed through the internal tobacco industry documents made available online as part of the landmark 1998 Tobacco Master Settlement Agreement. Documents from Philip Morris, R.J. Reynolds, Lorillard, Brown I Williamson, the American Tobacco Company, the Tobacco Institutes and the Council for Tobacco Research, as well as the Bliley documents, were examined, Karagueuzian said.

The team searched for key terms such as "polonium-210," "atmospheric fallout," "bronchial epithelium," "hot particle" and "lung cancer," among others.

Karagueuzian said the earliest causal link between alpha particles and cancer was made in around 1920, when alpha particle-emitting radium paint was used to paint luminescent numbers on watch dials. The painting was done by hand, and the workers commonly used their lips to produce a point on the tip of the paint brush. Many workers accumulated significant burdens of alpha particles through ingestion and absorption of radium-226 into the bones and subsequently developed jaw and mouth cancers. The practice was eventually discontinued.

Another example involves liver cancer in patients exposed to chronic low-dose internal alpha particles emitted from the poorly soluble deposits of thorium dioxide after receiving the contrast agent Thorotrast. It has been suggested that the liver cancers resulted from point mutations of the tumor suppressor gene p53 by the accumulated alpha particles present in the contrast media. The use of Thorotrast as contrast agent was stopped in the 1950s.

Pregnancy and Health - Recent Posts

Pregnancy and Health

Pregnant women who exercise protect their offspring against long-term neurodegenerative diseases

Low-Fat Yogurt Intake When Pregnant Linked to Increased Risk of Child Asthma and Hay Fever

Moms who eat high-fat diet before, during pregnancy 'program' babies to be fat, at risk

Anti-inflammatory drugs taken in early pregnancy more than double risk of miscarriage

Study shows protective benefits of DHA taken during pregnancy

Caffeine consumption linked to female infertility

Asthma Linked to Depression during Pregnancy

Mother’s Salt Intake Could be Key to Prenatal Kidney Development

Pre-pregnancy diet affects the health of future offspring

Exposure to anti-depressants in pregnancy may increase autism risk

Gum disease can increase the time it takes to become pregnant

Giving up smoking averts adverse birth outcomes

Vitamin D supplements safe for healthy pregnant women

Smoking During Pregnancy Lowers Levels of 'Good' HDL Cholesterol in Children

Pregnant women can prevent excess weight gain with simple steps

Maternal Smoking Causes Changes in Fetal DNA

[UPDATED] End of Quarter Approaches: Party Time - Milford Edition

All Tomorrow's Next Week's This Week's Parties

Thursday, September 22nd - Fundraiser for Speaker of the House Chris Donovan's campaign to be Connecticut's next Congressman! 6-8pm (with post-event martinis at Scribner's Restaurant). 

Saturday, September 24th - Fundraiser for Ben Blake's campaign to be Milford's next Mayor! 6-8pm (with post-event hilarity at the Milford Rotary's Octoberfest)  Special Guests: Senator Richard Blumenthal, Lt. Governor Nancy Wyman, Secretary of the State Denise Merrill, Comptroller and Constitutional Officer Heartthrob Kevin Lembo (invited but not confirmed), and many others.

For either of the above events, send an email to ctfreeradicals@gmail.com and we will send you all the details.

About UI and the blackouts of Irene

From various sources -- hat tip to Derek Slap

On September 26th, members of the public will have the opportunity to appear before the [Readiness and Response] committees beginning at 9:00 a.m., followed by union representatives and the electric utility companies. Members of the public will have an additional chance for comment before the hearing closes in the early afternoon.

Location of Hearing 

 Legislative Office Building - 300 Capitol Avenue in Hartford
- Room 2C

Use Facebook and Twitter to Share Your Opinion

Senate and House Democrats have set up Facebook and Twitter accounts at www.facebook.com/AfterIreneCT and twitter.com/AfterIreneCT to accept public comments and suggestions about their experiences with the storm and the state’s readiness for and response to it.

You can also watch the hearings live on CT-N, The Connecticut Network. CT-N will likely rebroadcast the hearings; check their schedule online.

[UPDATED in Comments] Rape Kit Backlog in CT - Shocking

A post on one of my favorite blogs: Connecticut’s Rape Kit Backlog
from A Connecticut Law Blog by Ryan McKeen led me to this Office of Legislative Research report, which is worth publishing in fill:

RAPE KITS, TESTING BACKLOGS, AND MODEL STATUTES

By: Susan Price, Senior Attorney

You asked about the (1) extent of backlogs in testing rape kits in the nation and Connecticut and (2) model laws addressing this issue.

SUMMARY

A “rape kit” (the familiar term for a sexual assault evidence collection kit) is a package of materials that healthcare personnel use to collect, label, and preserve physical evidence after a sexual assault. The material collected can contain DNA and other physical evidence that may help to identify an assailant or rule out a suspect. The National Institute of Justice (NIJ) considers a kit backlogged if it has not been tested 30 days after being submitted to a crime lab.

We found no central source for tracking rape kit backlogs. In 2009, CBS News investigated the number of untested kits in 24 cities and states. They reported there were at least 20,000 of them in those combined locations. http: //www.cbsnews.com/stories/2009/11/09/cbsnews_investigates/main5590118.shtml

Other news outlets and nonprofit groups suggest that the figures are higher. For example, in 2010, it was estimated that the rape kit backlog in Dallas, Houston, and San Antonio alone was approximately 22,000. A number of states do not keep track of their backlogs.

In Connecticut, the Department of Public Safety's (DPS, now known as the Department of Emergency Services and Homeland Security) Forensic Science Laboratory tests all of the state's rape kits. Major William Podgorski, DPS' legislative liaison, reports that as of August 29, 2011, there were 205 rape kits waiting to be processed and that if the lab received no more kits for the next six months, it could eliminate its backlog. Another 40 cases have been processed and are awaiting DNA analysis, with an estimated completion date of five months from now.

We found two states (Illinois and Texas) with laws intended to eliminate testing backlogs. At least one city (San Francisco) has an ordinance intended to keep its rape kit testing current. And a bill currently before the California legislature requires law enforcement agencies and the state's Department of Justice (DOJ) to collect and report on evidence aimed at determining if universal rape kit testing improves arrest rates.

RAPE KITS

Although there is some variation from location to location, the typical rape kit contains:

1. instructions,

2. bags and sheets for evidence collection,

3. swabs,

4. a comb,

5. envelopes,

6. blood collection devices, and

7. documentation forms.

Aside from swabs of the victim's body where semen, blood, saliva or other fluids are likely to be found, evidence collected and placed in rape kit bags for forensic testing includes clothing, hair, fiber, and material lodged under the victim's fingernails.

BACKLOGS

Backlogs are usually associated with cases waiting to be analyzed in crime laboratories. But untested kits that may contain DNA evidence are also held in police department evidence lockers. NIJ reports that a survey of 2,000 law enforcement agencies found that 18% of unsolved rape cases contained evidence that the agency had not submitted to a crime lab. http: //www.nij.gov/nij/topics/forensics/lab-operations/evidence-backlogs/law-enforcement.htm

Many states cite inadequate funding as a reason for their backlogs. It typically costs about $ 1,000 to process one rape kit.

CONNECTICUT

In Connecticut, rape kit processing is a three-step process. Forensic lab staff triages cases daily, giving priority to aggravated sexual assaults and those with elderly or young victims. Its Forensic Biology Section analyzes the physical evidence. If DNA is present, they send a sample to the Nuclear Casework Group for DNA analysis.

Two hundred five kits are waiting to be processed; the lab estimates that it will take more than six months to finish testing them. Another 40 have been processed through the first two steps and are awaiting DNA analysis. Given existing staffing levels, it will take the lab about five months to complete those analyses, reports Major Podgorski.

Survey of Rape Kit Turnaround Times

We conducted a 50-state survey last year asking crime labs how long it took them to analyze rape kits and other sexual assault evidence. DPS reported that it took an average of six months to analyze a sexual assault case where a rape kit was the only evidence submitted; it took a year when the kit was accompanied by other evidence. Based on our comparison with a geographically diverse group of other crime labs, we concluded that the length of time it took Connecticut's crime lab to complete sexual assault evidence testing, particularly in cases where the rape kit was submitted with other evidence, was significantly longer than that of other labs, except Rhode Island, whose turnaround time for testing rape kits without other evidence was six months, the same as Connecticut's (OLR Report 2010-R-0086, “DNA Testing Turnaround Times in 50 States”.

LEGISLATIVE RESPONSES: ILLINOIS

Illinois was the first state to legislatively set a deadline for completing rape kit processing. Effective September 1, 2010, PA 096-1011, requires that all rape kits be booked into evidence and tested within six months. A precipitating factor in the law's passage was a report from Human Rights Watch in June 2010 indicating that 80% of Illinois rape kits booked into evidence since 1995 had not been tested. The act also requires the State Police to develop a plan to eliminate the backlog.

PA 096-1011

Public Act 096-1011, “An Act Concerning Sexual Assault Evidence,” requires law enforcement agencies that receive sexual assault evidence in connection with a criminal investigation to submit that evidence within 10 business days to either a Department of State Police's crime lab or one approved and designated by the State Police director. The lab must analyze the evidence within six months of receipt. Under the act, each state and local law enforcement agency was to provide the State Police an inventory of its rape kit backlog by October 1, 2010. The department was directed to develop a plan for eliminating them by February 15, 2011.

Definitions. Under the act, “law enforcement agencies” means local, county, state, or federal law enforcement agencies involved in investigating sexual assault cases in Illinois. “Sexual assault evidence” means evidence collected in connection with a sexual assault investigation, including evidence collected using State Police evidence collection kits.

Inventory of Evidence. By October 1, 2010, each of Illinois' 999 law enforcement agencies were required to provide the State Police with written notice of the number of sexual assault cases it had with untested evidence. By March 9, 2010, the agency and laboratory had to make appropriate arrangements to ensure that all cases with evidence collected in connection with sexual assault investigations were submitted to the lab. This applied to cases with investigations begun before September 1, 2010.

Backlog Elimination Plan. The act required the State Police to develop a plan to analyze how to handle the backlogged cases. It must include a:

1. summary of the inventories reported by law enforcement agencies,

2. timeline for completing these analyses, and

3. funding and resources needed to complete the analyses within the specified timeline.

The act permits the department to outsource testing notwithstanding a law that prohibits this in active cases without a prosecuting officer's consent.

The backlog elimination plan is online at http: //www.isp.state.il.us/docs/6-721.pdf.

Failure to Submit Sexual Assault Evidence. The act specifies that a law enforcement agency that fails to submit sexual assault evidence within the act's 10-day deadline is not foreclosed from submitting it at a later date. Missing the deadline also does not affect a lab's authority to accept, analyze, or transmit testing results to local, state, or national data bases according to established protocols.

Certfication. A certification signed by a law enforcement officer stating that the evidence is being submitted in connection with a prior or current sexual assault investigation must accompany submissions. The act provides a process for expunging records when the police submit a sample for any other purpose.

Rules. The act directs the State Police to promulgate rules governing its operation, which it has done. http: //www.ilga.gov/legislation/publicacts/96/PDF/096-1011.pdf

TEXAS

Texas enacted a law that goes into effect September 1, 2011 (SB 1636). It establishes a flexible timeline for collecting and analyzing sexual assault evidence. But its implementation may be hampered by a provision that prohibits the legislature from appropriating funds for any added costs associated with performing the new duties the act imposes.

The act addresses analysis of evidence, mandatory data base comparisons, victim consent, backlog elimination, and funding. It requires the backlog elimination and data comparisons to be completed by September 1, 2014, if funding is available. It applies only to physical evidence in active criminal cases opened after September 1, 1996.

S.B. 1636

Definitions. Under the act, “active criminal case” means a case in which (1) a sexual assault has been reported to a law enforcement agency, (2) physical evidence of the assault has been submitted to the agency or an accredited crime laboratory for analysis, and (3) either (a) the statute of limitations for prosecuting the case has not run or (b) the DNA profile is eligible to be compared with profiles in the state data bank or the FBI's Combined Data Index System (CODIS).

“Department” means the Department of Public Safety (DPS) and “law enforcement agency” means a state or local law enforcement agency with jurisdiction over a Texas sexual assault investigation.

Crime Labs. The act requires law enforcement agencies that acquire sexual assault evidence to submit it to a public accredited crime lab within 30 days of receipt. The evidence must be accompanied by a signed certification stating that it is being submitted in connection with a criminal investigation. Beginning October 1, 2011, labs must complete their analyses as soon as practicable. Evidence collected before then must meet the standard as closely as possible.

Under the act, DPS and other public accredited crime labs may contract with private accredited labs to ensure that the analyses are finished expeditiously. In such circumstances, the public lab may conduct quality assurance reviews of the contracting lab's work.

Failure to Submit Sexual Assault Evidence. A law enforcement agency's failure to submit sexual assault evidence within the 30-day period does not affect the authority of:

1. the agency to submit the evidence to a crime lab or

2. an accredited crime lab to analyze the evidence or provide its results to appropriate persons.

Data Base Comparison Required. The act requires DPS, when an appropriate person requests it, to compare DNA profiles it compiles with those in (1) state data bases, if the amount and quality of the analyzed sample meet state comparison standards, and (2) CODIS, if they meet its standards.

Consent for Release of Rape Kit Information. With some exceptions, the act makes rape kits confidential and prohibits their release without the written consent of an appropriate party, which the act defines as:

1. the victim, if he or she is at least 14 years of age;

2. a parent or guardian or an employee of the Department of Family and Protective Services if the victim under age 14;

3. a personal representative if the victim is deceased;

4. any legal agent if the victim is incapacitated, and, as a last resort

5. the police officer investigating the crime.

It specifies the information that must be included in the consent form and that its rules regarding release of information apply only to disclosures of rape kit evidence and do not affect other confidential information.

Backlog Elimination. Under the act, by October 15, 2011, law enforcement agencies having sexual assault evidence that has not been submitted for testing must provide DPS with a list of those cases. By April 1, 2012, and subject to the availability of lab storage space, the agencies must submit all of their backlogged evidence to an appropriate public or private lab.

DPS Report. Under the act, by February 15, 2013, DPS must submit a report to the governor and appropriate legislative committees containing:

1. a projected timeline for completing analyses in backlogged cases;

2. a request for any necessary funding to accomplish this, including requests for state grants;

3. grant and funding applications, as appropriate; and

4. if the department determines that outsourcing is necessary, (a) a proposed method for determining which evidence should be outsourced and (b) a list of labs the department determines are capable of doing the job.

The act requires the backlog and data comparisons to be completed by September 1, 2014, if funding is available.

Funding. The act bars DPS from using legislative appropriations to discharge any additional duties associated with its implementation. And it specifies that DPS need not fund rape kit analyses using more state highway funds than it has historically spent.

DPS is authorized to obtain funding by soliciting and receiving grants, gifts, or money donations from the federal government or private sources. The Texas legislature must also determine how much to appropriate from the Criminal Justice Planning Account in the governor's Criminal Justice Division for grants allaying the costs of complying with the new requirements. Law enforcement agencies can refuse to perform duties the act imposes on them unless the state repays them for their costs.

SAN FRANCISCO

California's penal code establishes a sexual assault victim's DNA bill of rights that stresses the importance of testing DNA evidence in sexual assault cases. The law also gives victims the right to obtain specific information about their cases if the law enforcement agency has sufficient resources to do so. It requires law enforcement agencies to provide victims with specified notices.

On December 6, 2010, San Francisco adopted an ordinance amending its Administrative Code to implement the state law (Ord. No. 317-10).

Ordinance 317-10

The ordinance requires:

1. the city's police department to develop and implement procedures to collect and test DNA samples in sexual assault cases,

2. the department to provide information and various notices to victims,

3. the department to report on DNA collection and testing as part of the mayor's budget submission, and

4. making it the city's policy to appropriate sufficient funds to ensure that DNA evidence is tested, and continues to be tested, in a timely fashion.

Collecting and Testing Procedures. The ordinance directs the police chief to develop and implement the collecting, testing, and victim notification procedures. The collection and testing procedures must include the goal of (1) collecting rape kits from healthcare providers within 72 hours of notification and (2) completing DNA testing within 14 days of receipt. The department's procedures must also include timeframes for testing DNA evidence collected at crime scenes.

“Testing” includes conducting an examination of the DNA evidence, developing a potential suspect profile, and uploading to CODIS any profile obtained from the evidence.

Funding. The ordinance creates the Police DNA Testing in Sexual Assault Cases Account that can receive general and grant funds, money gifts, and any other funds the department receives. It can use the funds to provide personnel, equipment, and other resources it needs to ensure timely DNA collection and testing.

The department may re-program surplus funds if it has met the collection and testing goals for the previous six months. It must use the re-programmed funds for other evidence collection activities.

California

Citing fiscal concerns, Governor Schwarzenegger twice vetoed California bills that would have, among other things, required law enforcement agencies to collect statistical data on rape kits for the state's Department of Justice (DOJ) to analyze. A bill currently pending before the California Assembly is a study bill that shares most of the features of the two vetoed bills (AB 322). The legislative counsel has concluded that the bill is a state-mandated local program.

AB 322

The bill contains (1) reporting requirements, (2) legislative findings, and (3) a pilot program designed to determine whether testing all rape kits increases arrest rates. If enacted, it would take effect July 1, 2012. The bill sunsets on July 1, 2017 and is repealed January 1, 2018.

Report from Law Enforcement. Current law requires local law enforcement agencies to annually report to the DOJ on the number of forcible rapes reported in their jurisdictions in the previous calendar year. The bill requires the agencies to also report on the number of rape kits collected during that period. For unsolved cases, the report must include how many rape kits were (1) collected, (2) submitted for testing, (3) tested, (4) submitted to law enforcement, or (5) not submitted for testing.

This requirement applies to rape kits collected on and after July 1, 2012. The first report is due one year later.

Legislative Findings. The bill includes the legislature's findings that for 2009, forcible rapes accounted for 5% of all violent crimes in California, but only 1.7% of arrests. The forcible rape arrest rate for that year was 23.6% compared with 30.6% in 1999.

The legislature also stated its intention to create a pilot program in nine counties with forcible rape arrest rates of less than 12% to determine whether testing all rape kits improves arrest rates. Under the program, DOJ must open and analyze all rape kits collected from these counties after July 1, 2012.

Pilot Program. The bill establishes the pilot program. The nine counties selected have low forcible rape arrest rates, ranging from 2.4% to 11.3 %. The bill requires DOJ, in cooperation with these counties, to establish a process for collecting, storing, and testing rape kits beginning on a date DOJ sets. Law enforcement agencies must send each kit to DOJ for testing and analysis and the department must process them all.

Under the bill, the pilot program's effectiveness is determined by examining statistics the local law enforcement agencies already submit annually to the attorney general concerning the number of forcible rapes in the county and the number of arrests it has made for that crime.

The pilot program sunsets January 1, 2015, but the legislature may extend it for one year. If this occurs, DOJ must post this information on its web site. The bill repeals the pilot program authorization on January 1, 2016.

Funding. The legislative counsel has concluded that the bill imposes a state mandate on local law enforcement agencies by giving them additional reporting duties. By law, if the Commission on State Mandates also finds it a state mandate, the California Constitution requires the state to follow existing laws concerning how to reimburse them.