Attorney General Bonta Issues Information Bulletin on New Law that Amends Victims’ Rights and Requires Audit of Untested Sexual Assault Evidence Kits

OAKLAND – California Attorney General Rob Bonta today issued an information bulletin to all California law enforcement agencies and public crime laboratories, summarizing their new responsibilities under Senate Bill 464 (SB 464). Authored by Senator Aisha Wahab (D-Hayward), SB 464 amends victims’ rights and requires an audit of all untested sexual assault evidence kits. It 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.”

Among other things, the information bulletin outlines the following changes:

• A victim may request that their sexual assault evidence kit not be tested. If such a request is made, a medical facility that collects that kit, and a law enforcement agency that receives it, should not submit the kit collected from that victim to a laboratory. Instead, the kit should be stored at the medical facility or law enforcement agency.
• If a victim or witness to a crime asks to be notified of the case outcome, the prosecuting attorney must notify the victim or witness by letter of the final disposition of the case (i.e., dismissal, acquittal, imposition of sentence by the court, or a decision by the prosecuting attorney not to file the case) within 30 days of such final disposition. Prior to the enactment of SB 464, the deadline was 60 days.
• No later than July 1, 2026, law enforcement agencies and public crime laboratories are required to conduct an audit of untested sexual assault evidence kits in their possession and report specified information to the California Department of Justice (DOJ). To request a copy of a reporting template or assistance with determining whether a kit is subject to the reporting requirement, law enforcement agencies and public crime laboratories are encouraged to contact the DOJ’s Bureau of Forensic Services at SAEKaudit@doj.ca.gov.

Attorney General Bonta is committed to supporting victims of sexual assault. On April 29, 2022, he shared guidance to help survivors of sexual assault access resources. On November 1, 2022, he announced the launch of a new online portal to allow survivors of sexual assault to track the status of their sexual assault evidence kits and the hiring of the state’s first-ever sexual assault evidence outreach coordinator, Dr. Sarai Crain. On April 26, 2024, he highlighted resources available through the DOJ’s Victims’ Services Unit (VSU), and through additional outlets, to support and empower victims, survivors, and their families.

The information bulletin can be found here.