SB 733: Sexual assault forensic evidence: testing.

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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.

Sponsors

Sponsors by party (alphabetical): Democratic 1 · Republican 1

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. October 13, 2025Chaptered by Secretary of State. Chapter 783, Statutes of 2025.
2. October 13, 2025Approved by the Governor.
3. September 23, 2025Enrolled and presented to the Governor at 2 p.m.
4. September 13, 2025Assembly amendments concurred in. (Ayes 34. Noes 0. Page 3062.) Ordered to engrossing and enrolling.
5. September 13, 2025In Senate. Concurrence in Assembly amendments pending.
6. September 13, 2025Read third time. Passed. (Ayes 79. Noes 0. Page 3459.) Ordered to the Senate.
7. September 13, 2025Joint Rule 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
8. September 11, 2025Read second time. Ordered to third reading.
9. September 10, 2025From committee: Do pass. (Ayes 15. Noes 0.) (September 10).
10. September 9, 2025From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.
11. September 8, 2025Joint Rule 62(a) suspended.
12. September 8, 2025From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.