Bill Text: CA SB464 | 2023-2024 | Regular Session | Amended
Bill Title: Criminal law: rights of victims and witnesses of crimes.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2023-10-10 - Chaptered by Secretary of State. Chapter 715, Statutes of 2023. [SB464 Detail]
Download: California-2023-SB464-Amended.html
Amended
IN
Senate
March 22, 2023 |
Introduced by Senator Wahab (Coauthor: Senator Rubio) |
February 13, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law declares the intent of the Legislature to ensure that all victims and witnesses of crimes, as defined, are treated with dignity, respect, courtesy, and sensitivity. Existing law enumerates the rights of victims and witnesses of crimes, including, but not limited to, the right to be informed by a prosecuting attorney of the final disposition of a case.
This bill would make technical, nonsubstantive changes to a related provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 679.04 of the Penal Code is amended to read:679.04.
(a) A victim of sexual assault as the result of any offense specified in paragraph (1) of subdivision (b) of Section 264.2 has the right to have victimSEC. 2.
Section 680.4 of the Penal Code is repealed.(a)Each law enforcement agency, medical facility, crime laboratory, and any other facility that receives, maintains, stores, or preserves sexual assault evidence kits shall conduct an audit of all untested sexual assault kits in their possession and shall, no later than July 1, 2019, submit a report to the Department of Justice containing the following information:
(1)The total number of untested sexual assault kits in their possession.
(2)For each kit, the following information:
(A)Whether or not the assault was reported to a law enforcement agency.
(B)For kits other than those described in subparagraph (C), the following data, as applicable:
(i)The date the kit was collected.
(ii)The date the kit was picked up by a law enforcement agency, for each law enforcement agency that has taken custody of the kit.
(iii)The date the kit was delivered to a crime laboratory.
(iv)The reason the kit has not been tested, if applicable.
(C)For kits where the victim has chosen not to pursue prosecution at the time of the audit, only the number of kits.
(b)The Department of Justice shall, by no later than July 1, 2020, prepare and submit a report to the Legislature summarizing the information received pursuant to subdivision (a).
(c)The report required by subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
(d)Pursuant to Section 10231.5 of the Government Code, this section is repealed on July 1, 2024.
SEC. 3.
Section 680.4 is added to the Penal Code, to read:680.4.
(a) Each law enforcement agency, medical facility, crime laboratory, and any other facility that receives, maintains, stores, or preserves sexual assault evidence kits shall conduct an audit of all untested sexual assault kits in their possession and shall, no later than July 1, 2026, submit a report to the Department of Justice containing the following information:SEC. 4.
Section 11116.10 of the Penal Code is amended to read:11116.10.
(a) Upon the request of a victim or a witness of a crime, the prosecuting attorney shall, withinSEC. 5.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.As used in this title, the following definitions shall apply:
(a)“Crime” means an act committed in this state which, if committed by a competent adult, would constitute a misdemeanor or felony.
(b)“Victim” means a person against whom a crime has been committed.
(c)“Witness” means
a person who has been or is expected to testify for the prosecution, or who, by reason of having relevant information, is subject to call or likely to be called as a witness for the prosecution, whether or not an action or proceeding has yet been commenced.