CA SB 464

Title: Criminal law: rights of victims and witnesses of crimes.
Author: Aisha Wahab

Summary
SB 464, Wahab. Criminal law: rights of victims and witnesses of crimes. 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.

Status
Enrolled and presented to the Governor at 3 p.m.

Bill Documents
CA SB 464 - 09/13/23 - Enrolled
09/13/23 - CA SB 464 (09/13/23 - Enrolled)