Policy Text
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 09/01/201 8 09/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
____ __________________ _________
602 - Sexual Assault Victims’ DNA Rights 1 POLICY 602 SEXUAL ASSAULT VICTIMS’ DNA RIGHTS
602.1 PURPOSE AND SCOPE
Consistent with Penal Code § 293 and the Sexual assault DNA Bill of Rights ( Penal Code § 680),
this policy will establish a procedure by which sexual assault victims may inquire abou t, and be
provided with , information regarding the status of any DNA evidence in their case, their right to
confidentiality , and other rights afforded by law.
602.1.1 ACCREDITATION STANDARDS
This policy pertains to the following CALEA Standards: 41.2.5 , 41.2.6 , 55.1.3, 55.2.1, 55.2.3
This section pertains to the following Standard Operating Procedures: N/A
602.2 INVESTIGATION CONSIDERATIONS
602.2.1 VICTIM CONFIDENTIALITY
Officers investigating or receiving a report of an alleged sex offense sha ll inform the victim, or the
victim’s parent or guardian if the vict im is a minor, that his/her name will become a matter of
public record unless the victim requests that their name not be mad e public. The reporting officer
shall document in his/her report that the victim was pro perly informed , and shall include any
related response made by the victim , or if a m inor, any response made by the victim’s parent or
guardian ( Penal Code 293 § (a) and (b)).
Except as authorized by law, members of this department shall not publicly discl ose the name or
address of any victim of a sex crime who has exercised his/her right to confidentiality ( Penal
Code §293 (c) and (d)).
602.2.2 OFFICER RESPONSIBILITY
Whenever there is an alleged violation of Penal Code §§ 243(e), 261, 261.5, 262, 273.5, 286,
288a or 289, the assigned officer shall accomplish the following:
a) Immediately provide the victim with the “Victims of Domestic Violence” card containing the
names and location of rape victim counseling centers within the county and their 24 -hour
coun seling service telephone numbers ( Penal Code § 264.2( a)).
b) If the victim is transported to a hospital for any medical evidentiary or physical
examination the officer shall immediately cause the local rape victim counseling center to
be notified ( Penal Code § 264.2(b)(1)).
1. Prior to any such examination the assigned officer shall ensure that the victim has
been properly informed of their right to have a sexual assault victim counselor and at
least one other support person present ( Penal Code § 264.2(b)(2)).
CATEGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 09/01/201 8 09/01/20 20
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
____ __________________ _________
602 - Sexual Assault Victims’ DNA Rights 2 2. A support person may be excluded from the examination by the officer or the medical
provider if their presence would be detrimental to the purpose of the examination
(Penal Code § 264.2(b)(4)).
602.3 TESTING OF SEXUAL ASSAULT EVIDENCE
a) Subject to availabl e resources and other law enforcement considerations which may affect
the ability to process and analyze rape kits or other sexual assault victim evidence and
other crime evidence, any member of this department assigned to investi gate a sexual
assault offe nse ( Penal Code §§ 261, 261,5, 262, 286, 288a or 289) should take every
reasonable step to ensure that DNA testing of such evidence is performed in a timely
manner and within the time periods prescribed by Penal Code § 803(i)(1)(A) and (B).
b) In order to max imize the effectiveness of such testing and identifying the perpetrator of
any sexual assault, the assigned officer should further ensure that the results of any such
test have been timely entered into and checked against both the Department of Justice
Cal-DNA database and the Combined DNA Index System (CODIS).
c) If, for any reason, DNA evidence in a sexual assault case in which the identity of the
perpetrator is in issue is not going to be analyzed within two years of the crime, the
assigned officer shall no tify the victim of such fact either orally or in writing with no less
than 60 days prior to the expiration of the two -year period ( Penal Code § 680(d)).
602.4 VICTIM NOTIFICATION OF DNA STATUS
a) Upon receipt of a written request from a sexual assault vic tim or the victim’s authorized
designee, the assigned officer may inform the victim of the status of the DNA testing of
any evidence from the victim’s case.
1. Although such information may be communicated orally, the assigned officer should
thereafter follo w-up with and retain a copy of confirmation by either written or
electronic mail.
2. Absent a written request, no member of this department is required to, but may,
communicate with the victim or victim’s designee regarding t he status of any