Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 464

Introduced by Senator Wahab
(Coauthor: Senator Rubio)

February 13, 2023

An act to amend Section 679.01 Sections 679.04 and 11116.10 of, and to repeal and add Section 680.4 of the Penal Code, relating to criminal law.


LEGISLATIVE COUNSEL'S DIGEST


SB 464, as amended, Wahab. Criminal law: rights of victims and witnesses of crimes.
Existing law gives a victim of sexual assault, as specified, the right to have a victim advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, district attorneys, or defense attorneys. Existing law requires the attending law enforcement authority or district attorney, prior to the commencement of the initial interview, to notify a victim of sexual assault in writing, that, among other things, they have the right to have victim advocates and a support person of the victim’s choosing present at the interview or contact.
This bill would give a victim of sexual assault the right to also have a licensed attorney representing the victim present at the interview or contact, and would require the attending law enforcement authority or district attorney to notify the victim of sexual assault in writing, prior to the commencement of the initial interview, of that right. By imposing new requirements on law enforcement authorities and district attorneys, this bill would impose a state-mandated local program.
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 72 hours.
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.
This bill would require 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 additionally report certain data 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 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.

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.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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 victim advocates and advocates, a support person of the victim’s choosing choosing, and a licensed attorney representing the victim present at any interview by law enforcement authorities, district attorneys, or defense attorneys. A victim retains this right regardless of whether he or she has they have waived the right in a previous medical evidentiary or physical examination or in a previous interview by law enforcement authorities, district attorneys, or defense attorneys. However, the support person may be excluded from an interview by law enforcement or the district attorney if the law enforcement authority or the district attorney determines that the presence of that individual would be detrimental to the purpose of the interview. As used in this section, “victim advocate” means a sexual assault counselor, as defined in Section 1035.2 of the Evidence Code, or a victim advocate working in a center established under Article 2 (commencing with Section 13835) of Chapter 4 of Title 6 of Part 4.
(b) (1) Prior to the commencement of the initial interview by law enforcement authorities or the district attorney pertaining to any criminal action arising out of a sexual assault, a victim of sexual assault as the result of any offense specified in Section 264.2 shall be notified in writing by the attending law enforcement authority or district attorney that he or she has they have the right to have victim advocates and advocates, a support person of the victim’s choosing choosing, and a licensed attorney representing the victim present at the interview or contact, about any other rights of the victim pursuant to law in the card described in subdivision (a) of Section 680.2, and that the victim has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. This subdivision applies to investigators and agents employed or retained by law enforcement or the district attorney.
(2) At the time the victim is advised of his or her their rights pursuant to paragraph (1), the attending law enforcement authority or district attorney shall also advise the victim of the right to have victim advocates and a support person advocates, a support person, and a licensed attorney representing the victim present at any interview by the defense attorney or investigators or agents employed by the defense attorney.
(3) The presence of a victim advocate shall not defeat any existing right otherwise guaranteed by law. A victim’s waiver of the right to a victim advocate is inadmissible in court, unless a court determines the waiver is at issue in the pending litigation.
(4) The victim has the right to request to have a person of the same gender or opposite gender as the victim present in the room during any interview with a law enforcement official or district attorney, unless no such person is reasonably available. It is the intent of the Legislature to encourage every interviewer in this context to have trauma-based training.
(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects shall not constitute a law enforcement interview for purposes of this section.
(d) A law enforcement official shall not, for any reason, discourage a victim of an alleged sexual assault from receiving a medical evidentiary or physical examination.

SEC. 2.

 Section 680.4 of the Penal Code is repealed.
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, 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:
(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, 2027, 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.

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, within 60 days 72 hours of the final disposition of the case, inform the victim or witness by letter of such final disposition. Such notice shall state the information described in Section 13151.1.
(b) As used in this section, “victim” means any person alleged or found, upon the record, to have sustained physical or financial injury to person or property as a direct result of the crime charged.
(c) As used in this section, “witness” means any 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 any action or proceeding has yet been commenced.
(d) As used in this section, “final disposition,” means an ultimate termination of the case at the trial level including, but not limited to, dismissal, acquittal, or imposition of sentence by the court, or a decision by the prosecuting attorney, for whatever reason, not to file the case.
(e) Subdivision (a) does not apply in any case where the offender or alleged offender is a minor unless the minor has been declared not a fit and proper subject to be dealt with under the juvenile court law.
(f) This section shall not apply to any case in which a disposition was made prior to the effective date of this section.

SEC. 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.
SECTION 1.Section 679.01 of the Penal Code is amended to read:
679.01.

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.