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Tuesday, November 5, 2024

California issues new guidelines for handling untested sexual assault evidence kits

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Attorney General Rob Bonta | Facebook Website

Attorney General Rob Bonta | Facebook Website

California Attorney General Rob Bonta issued an information bulletin to all California law enforcement agencies and public crime laboratories, detailing their new responsibilities under Senate Bill 464 (SB 464). Authored by Senator Aisha Wahab (D-Hayward), SB 464 amends victims’ rights and mandates an audit of all untested sexual assault evidence kits. The bill was signed into law by Governor Gavin Newsom on October 10, 2023, and took effect on January 1, 2024.

“Victims of sexual assault deserve to be supported in both word and deed. Thanks to legislation like SB 464, California is continuing to lead the way,” said Attorney General Bonta. “Our information bulletin aims to remind law enforcement agencies and public crime laboratories of their new obligations under SB 464. As always, my office is available to provide assistance to those who may need it.”

The information bulletin outlines several key changes:

- A victim may request that their sexual assault evidence kit not be tested. If such a request is made, the medical facility that collects the kit and the law enforcement agency that receives it should not submit the kit to a laboratory. Instead, the kit should be stored at the medical facility or law enforcement agency.

- If a victim or witness requests notification of the case outcome, the prosecuting attorney must notify them by letter of the final disposition within 30 days. Previously, this deadline was 60 days.

- By July 1, 2026, law enforcement agencies and public crime laboratories must conduct an audit of untested sexual assault evidence kits in their possession and report specified information to the California Department of Justice (DOJ). For assistance with reporting requirements or obtaining a copy of a reporting template, agencies are encouraged to contact the DOJ’s Bureau of Forensic Services at SAEKaudit@doj.ca.gov.

Attorney General Bonta has consistently demonstrated support for victims of sexual assault. On April 29, 2022, he shared guidance to help survivors access resources. On November 1, 2022, he announced a new online portal for tracking sexual assault evidence kits' status and hired Dr. Sarai Crain as the state’s first-ever sexual assault evidence outreach coordinator. On April 26, 2024, he highlighted resources available through the DOJ’s Victims’ Services Unit (VSU) and other outlets to support victims and survivors.

The information bulletin can be found here.

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