SB 916 Will Ensure Survivors Know About Their Rights in California
SACRAMENTO – The California State Senate gave final legislative approval to Senate Bill 916 by Senator Connie M. Leyva (D-Chino), an important bill that will empower survivors with critical information following a sexual assault. By equipping them with this information, survivors will be able to make informed decisions regarding steps they wish to take, or not, in the post-assault process.
“As a legislator, I have fought for many years to empower survivors of sexual assault, as well as prioritize healing and justice,” Senator Leyva said. “SB 916 is a crucial next step that ensures survivors receive clear information regarding what their rights are in an easy-to-understand and concise manner. I thank my legislative colleagues on both sides of the aisle for their support of this measure and am hopeful that Governor Newsom will again stand alongside sexual assault survivors by signing this bill.”
“I am grateful to Senator Connie Leyva for introducing and moving SB 916 forward. Senator Leyva has been a vigilant advocate for the rights of women and particularly for the rights and empowerment of victims of sexual assault crimes. I am proud to sponsor SB 916 and to have worked once again with Senator Leyva to bring justice and respect to victims and survivors of interpersonal violence,” said Alameda County District Attorney Nancy E. O’Malley, sponsor of SB 916.
Following a sexual assault, survivors in California may choose to undergo a forensic medical examination to collect evidence retained in a sexual assault kit. Historically, far too many kits remained untested in police evidence rooms. The law now requires law enforcement to collect the kits, log the kit into the newly created Department of Justice SAFE-T system, submit the kit for testing within 20 days and the crime lab must test the kit within 120 days. The victim of the sexual assault crime can track the progress of the forensic kit through a private portal in SAFE-T. California law (Chapter 692, Statutes of 2017) specifies that the law enforcement agency shall also inform the survivor of the status of the DNA testing of the rape kit evidence or other crime scene evidence from the survivor’s case.
California Penal Code Section 680.2 mandates that all local law enforcement agencies develop a card that explains in clear language the rights of sexual assault survivors, and makes this card accessible to each provider in its jurisdiction responsible for medical evidentiary or physical examinations arising out of sexual assault. SB 916 will update California law to require that survivors—via the card—be made aware that they cannot be compelled to testify in court.
SB 916 will now proceed to the Governor’s desk for consideration. SB 916 is supported by the California District Attorneys Association (CDAA), Leda Health, Los Angeles County District Attorney’s Office, Los Angeles Professional Peace Officers Association, Peace Officers Research Association of California, and Prosecutors Alliance California.
