Criminal law: rights of victims and witnesses of crimes.
Summary
Existing law requires a prosecuting attorney, upon the request of a victim or a witness of a crime, to inform the victim or witness by letter of the final disposition of the case within 60 days of the final disposition. This bill would instead require the prosecuting attorney, upon the request of a victim or a witness of a crime, to inform the victim or witness by letter of the final disposition of the case within 30 days. Existing law requires all law enforcement agencies, medical facilities, crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits to conduct an audit of all untested sexual assault evidence kits in their possession and required these entities to report certain data to the Department of Justice by no later than July 1, 2019. Existing law required the Department of Justice to prepare and submit a report to the Legislature regarding the results of these audits by no later than July 1, 2020. Existing law requires the Department of Justice to prepare an information profile on each kit in the department's SAFE-T database, and to develop a process to allow a survivor to track and receive updates regarding their sexual assault evidence kit. This bill would require all law enforcement agencies, medical facilities, public crime laboratories, and any other facilities that receive, maintain, store, or preserve sexual assault evidence kits to conduct an audit of all untested sexual assault evidence kits in their possession. The bill would require each law enforcement agency and public crime laboratory to create a record in the SAFE-T database for every victim sexual assault kit that has not had DNA testing completed, as specified, by no later than July 1, 2026. The bill would specify that the SAFE-T database not include sexual assault evidence kits collected from suspects, but would require those kits to also be subject to the audit, as specified. The bill would require each medical facility and other non-law enforcement entity to report certain data relating to untested kits to the Department of Justice by no later than July 1, 2026. The bill would additionally require the Department of Justice to prepare and submit a report to the Legislature regarding the results of these audits by no later than July 1, 2027. By requiring local government entities to complete an audit and submit a report, this bill would impose a state-mandated local program. The bill would authorize a victim to request that a kit collected from them not be tested, and would exempt that kit from being tested. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2023
Committee Review
Jun 2023
Senate Passage
May 2023
Assembly Passage
Sep 2023
Signed into Law
Oct 2023
Introduced Feb 13, 2023
Signed Oct 10, 2023
Floor votes · Senate May 25, 2023 · Assembly Sep 7, 2023
How they voted
40–0
Passed
Total votes 40
May 25, 2023
D
Democratic31
100% Yea
R
Republican9
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
28
Key actions
11
Committee
5
Amendments
7
Oct 10, 2023
Signed into law
Approved by the Governor.
legislature
Sep 11, 2023
Upper · Passed
Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2600.) Ordered to engrossing and enrolling.
upper
Sep 7, 2023
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Sep 7, 2023
Lower · Passed
Read third time. Passed. (Ayes 79. Noes 0. Page 3011.) Ordered to the Senate.
lower
Sep 1, 2023
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Sep 1, 2023
Lower · Passed
From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1).
lower
Jun 29, 2023
Lower · Passed
Read second time and amended. Re-referred to Com. on APPR.
lower
Jun 28, 2023
Lower · Passed
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0.) (June 27).
lower
Jun 8, 2023
Committee
Referred to Com. on PUB. S.
lower
May 25, 2023
Upper · Passed
Read third time. Passed. (Ayes 40. Noes 0. Page 1300.) Ordered to the Assembly.
upper
May 18, 2023
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0. Page 1171.) (May 18).
upper
Apr 26, 2023
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 5. Noes 0. Page 901.) (April 25). Re-referred to Com. on APPR.
upper
Mar 29, 2023
Committee
Re-referred to Com. on PUB S.
upper
Mar 22, 2023
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
upper
Feb 22, 2023
Committee
Referred to Com. on RLS.
upper
Feb 13, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Aisha Wahab
DDemocratic
Co
Catherine Blakespear
DDemocratic
Co
Nancy Skinner
DDemocratic
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