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 until the time they decide to make a report to law enforcement.
Statutes affected: 06/17/25 - Amended Assembly: 680 PEN, 680 PEN