SB 916: Sexual assault: victim’s rights.

Existing law, the Sexual Assault Victims DNA Bill of Rights, requires that sexual assault victims be provided with specified information about their case, including the status of the DNA testing of the rape kit evidence or other crime scheme evidence from the victims case. Existing law, subject to commitment of sufficient resources to respond to requests for information, gives sexual assault victims the right to be informed whether or not a DNA profile of the assailant was obtained from testing of the rape kit or other evidence, whether that evidence has been submitted to the state database, and whether a DNA match was found.

This bill would, instead, give the a victim of sexual assault the right to access the Department of Justices SAFE-T database portal involving their own forensic evidence kit and the status of the kit, and the right to information relating to the testing of evidence and DNA in state and federal databases.

Existing law, upon initial interaction with a sexual assault victim, requires a law enforcement officer or medical provider to provide the victim with a card that explains all of the rights of sexual assault victims, including, among other things, a clear statement that a sexual assault victim is not required to participate in the criminal justice system or to receive a medical evidentiary or physical examination to retain their rights under the law.

This bill would require the card to also include a notification that a court may not imprison or otherwise confine or place in custody a victim of sexual assault or domestic violence for contempt if the contempt consists of refusing to testify concerning the crime.

By requiring higher levels of service from local law enforcement, this bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 680 of the Penal Code proposed by SB 1228 to be operative only if this bill and SB 1228 are enacted and this bill is enacted last.

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.