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 Bill Text - SB-733 Sexual assault forensic evidence: testing.

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 |Add To My Favorites |Track Bill | Version: 10/13/25 - Chaptered
 09/18/25 - Enrolled
 09/09/25 - Amended Assembly
 09/08/25 - Amended Assembly
 09/05/25 - Amended Assembly
 06/17/25 - Amended Assembly
 02/21/25 - Introduced

 SB-733 Sexual assault forensic evidence: testing.(2025-2026)

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 Date Published: 10/14/2025 02:00 PM

SB733:v93#DOCUMENTBill Start

 Senate Bill

 No. 733

 CHAPTER 783

An act to amend Section 680 of the Penal Code, relating to evidence.

 [
 Approved by

 Governor
 October 13, 2025.

 Filed with

 Secretary of State
 October 13, 2025.
 ]

LEGISLATIVE COUNSEL'S DIGEST

SB 733, Wahab.
 Sexual assault forensic evidence: testing.

Existing law, the Sexual Assault Victims’ DNA Bill of Rights, requires law enforcement agencies, for sexual assault forensic evidence received on or after January 1, 2016, to either submit the evidence to a crime lab within 20 days after it is booked into evidence or ensure that a rapid turnaround deoxyribonucleic acid program is in place, as specified. However, existing law authorizes a sexual assault victim to request that a kit collected from them not be tested and prohibits a kit for which this request had been made from being tested.

This bill would instead authorize a sexual assault survivor who is 18 years of age or older and who is undecided whether to report to law enforcement at the time of an examination to request that all medical evidence collected from them not be tested. If the request is made at the time of the examination, the
 bill would prohibit the medical facility from submitting the kit to a crime laboratory and would require the investigating agency to retain the kit until the sexual assault survivor requests testing. If the request is made after the examination, the bill would either require the investigating agency to retain the kit or would require the crime laboratory to return the kit to the investigating agency to be retained. The bill would also authorize a sexual assault survivor who has requested that their kit not be tested to later request that it be tested. By creating a new duty for local investigating agencies, 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.

Digest Key

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

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 680 of the Penal Code is amended to read:

680.

 (a) This section shall be known, and may be cited, as the “Sexual Assault Victims’ DNA Bill of Rights.”

(b) The Legislature finds and declares all of the following:

(1) Deoxyribonucleic acid (DNA) and forensic identification analysis is a powerful law enforcement tool for identifying and prosecuting sexual assault offenders.

(2) Existing law requires an adult arrested for or charged with a felony and a juvenile adjudicated for a felony to submit DNA samples as a result of that arrest, charge, or adjudication.

(3) Victims of sexual assault have a strong interest in the investigation and prosecution of their cases.

(4) Law enforcement agencies have an obligation to victims of sexual assault in the proper handling, retention, and timely DNA testing of rape kit evidence or other crime scene evidence and to be responsive to victims concerning the developments of forensic testing and the investigation of their cases.

(5) The growth of the Department of Justice’s Cal-DNA databank and the national databank through the Combined DNA Index System (CODIS) makes it possible for many sexual assault perpetrators to be identified after their first offense, provided that rape kit evidence is analyzed in a timely manner.

(6) Timely DNA analysis of rape kit evidence is a core public safety issue affecting men, women, and children in the State of California. It is the intent of the Legislature, in order to further public safety, to encourage DNA analysis of rape kit evidence w