The Governor Gavin $123.9 billion education package enacted a state Senate bill Friday that prohibits DNA collected from sexual assault victims from being used for anything other than identifying the suspect.
Senate Bill 1228 was introduced by San Francisco Senator Scott Wiener after the San Francisco Police Department was accused of using DNA from a victim's rape kit to link her to another alleged crime earlier this year.
When victims report a sexual assault, they can consent to a sexual assault exam, where biological evidence is collected from bodily fluids, fingernail scrapings, and bite and scratch marks from the victim's body.
The victim submits his or her own DNA sample to exclude him or her from an investigation. Additional samples may be collected from those who have close contact with the victim, such as consensual sexual partners and family members.
Federal law already prohibits the inclusion of victims' DNA in the Combined National DNA Index System (CODIS), the DNA database used by the Federal Bureau of Investigation (FBI).
This corresponding state law prohibits local authorities from retaining and using DNA samples from sexual assault victims for other purposes.
"Today, California proved once again that we support survivors of sexual assault," said Senator Scott Wiener. "This bill is a significant change for those going through what are likely some of the worst times of their lives."
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