SB 733: Sexual assault forensic evidence: testing. - California

10/13/25 - Chaptered → SB733 · 1 edit

MINOR

No substantive policy changes occurred between these two versions. The diff reflects a change in presentation format only: the 'From' version is the official chaptered statute layout (with page numbers and column headers), while the 'To' version is a web-based rendering from the California legislature website that adds navigation elements, metadata (vote status, appropriation, fiscal committee, local program flags), and version history. The actual legislative text of Section 680 and Section 2 is identical in both versions.

TECHNICAL

Presentation changed from official chaptered statute format to a web-based bill viewer format, adding site navigation, metadata fields (vote: MAJORITY, Appropriation: NO, Fiscal Committee: YES, Local Program: YES), version history list, and publication date. No changes to the operative legal text.

09/09/25 - Amended Assembly → 09/18/25 - Enrolled · 2 edits · Sep 18, 2025

MINOR

The transition from the Amended Assembly version to the Enrolled version is primarily a formatting and procedural change reflecting the bill's passage through both chambers on September 13, 2025. The only substantive textual edit is the removal of a redundant sentence in Section 680(h)(2)(A) that restated the kit retention and destruction notice requirement already covered by subdivisions (f) and (g). All other changes are structural: addition of passage dates, clerk signatures, governor receipt language, and removal of legislative counsel line numbers.

TECHNICAL

Removed the sentence 'A sexual assault kit shall be retained and destroyed with notice to the victim in accordance with this section' from subdivision (h)(2)(A). This was a redundant restatement of the notification requirements already imposed by subdivisions (f) and (g), which are explicitly incorporated by reference earlier in subdivision (h)(2).

Removed the coauthor credit for Senator Ochoa Bogh from the bill header, changed the digest reference from 'SB 733, as amended, Wahab' to 'SB 733, Wahab,' and removed prior amendment dates. These reflect the final enrolled form of the bill.

09/08/25 - Amended Assembly → 09/09/25 - Amended Assembly · 2 edits · Sep 9, 2025

MINOR

The September 9 amendment to SB 733 adds a clarifying exception to the provision that exempts untested sexual assault kits from Section 680.4 requirements. Specifically, it now states that even when a survivor requests their kit not be tested, the investigating agency in possession of the kit must still follow subdivisions (f) and (g) of Section 680.4. The remaining changes are page number renumbering and text reflow caused by the added language.

REQUIREMENT

Added an exception to the exemption from Section 680.4: when a survivor requests their kit not be tested, the investigating agency holding the kit must still comply with subdivisions (f) and (g) of Section 680.4, which cover notification and retention obligations.

TECHNICAL

Page numbers changed from 96 to 95 throughout due to text reflow after the added language shifted content positions.

09/18/25 - Enrolled → 10/13/25 - Chaptered · 3 edits · Oct 13, 2025

MINOR

No substantive policy changes occurred between the Enrolled and Chaptered versions of SB 733. The differences are purely administrative: the bill was renumbered as Chapter 783, the Governor's approval date (October 13, 2025) was added, Senate/Assembly passage headers were removed, and the text was reformatted with adjusted line wrapping and page headers.

TECHNICAL

Bill renumbered from enrolled bill format to Chapter 783 of the Statutes, with Governor's approval date of October 13, 2025 added.

Senate and Assembly passage headers, clerk signatures, and private secretary certification lines were removed as part of standard chaptering process.

Standard 'STATE OF CALIFORNIA AUTHENTICATED ELECTRONIC LEGAL MATERIAL' header was added to the chaptered version.

06/17/25 - Amended Assembly → 09/05/25 - Amended Assembly · 5 edits · Sep 5, 2025

MODERATE

The September 2025 amendment removes the entire housing and land use reporting component (Government Code Section 65400) from SB 733, eliminating the requirement for local governments to report on Low Barrier Navigation Center permitting in their annual housing element reports. The bill now focuses exclusively on sexual assault forensic evidence testing. Within that remaining scope, the amendment narrows the 'do not test' request right and adds detailed procedural rules for kit retention, plus a new right for survivors to reverse a prior do-not-test request.

Scope change

The bill loses its dual-purpose structure. It no longer amends the Planning and Zoning Law (Government Code Section 65400) regarding annual housing element reports and Low Barrier Navigation Center permitting data. The bill is now solely focused on Penal Code Section 680 (Sexual Assault Victims' DNA Bill of Rights).

SCOPE

The entire amendment to Government Code Section 65400 is deleted. This removed the requirement for cities and counties to include information on Low Barrier Navigation Center permitting in their annual housing element progress reports, as well as a nonsubstantive update to a reference to the Office of Land Use and Climate Innovation.

The bill's scope narrows from covering both land use/housing reporting and sexual assault forensic evidence to covering only sexual assault forensic evidence. Senator Ochoa Bogh is added as a coauthor.

ELIGIBILITY

The broader right for any sexual assault victim to request that a kit not be tested is removed. Only the narrower provision remains: a survivor who is 18 or older and undecided about reporting at the time of examination may request that all medical evidence not be tested until they decide to report.

New subdivision (h)(3) allows a sexual assault survivor who previously requested that their kit not be tested to later request that it be tested, regardless of whether they also decide to report to law enforcement.

REQUIREMENT

New subclauses (A) and (B) under subdivision (h)(2) specify procedures for kit retention: if the do-not-test request is made at the time of examination, the medical facility must not submit the kit to a crime lab and the investigating agency must retain it; if made after the examination, the kit must be retained by the investigating agency or returned from the lab if testing has not yet begun.

09/05/25 - Amended Assembly → 09/08/25 - Amended Assembly · 3 edits · Sep 8, 2025

MINOR

The September 8 amendment to SB 733 adds a new subsection (C) clarifying that transferring a sexual assault kit to a crime lab representative for secure transport, intake, or evidence triage does not count as 'submission for testing,' which addresses a practical gap in the prior language. The fiscal note was also changed from 'no' to 'yes' for both fiscal committee review and state-mandated local program status, acknowledging the bill now carries reimbursement obligations. A drafting typo in the summary paragraph was also corrected.

DEFINITION

New subsection (C) defines that a medical facility's transfer of a kit to a crime lab representative solely for secure transport, intake, or evidence triage on behalf of the investigating agency does not constitute submission for testing. It requires such transfers be documented in the chain of custody record or state-approved tracking system and clarifies they do not affect statutory retention timelines or survivor notification requirements.

FISCAL

The fiscal note changed from 'Fiscal committee: no' to 'Fiscal committee: yes' and 'State-mandated local program: no' to 'State-mandated local program: yes,' meaning the bill now formally acknowledges it imposes state-mandated costs on local agencies that must be reimbursed under Government Code Part 7.

TECHNICAL

A drafting error in the bill summary was corrected. The prior version contained a garbled phrase ('not be tested until the time they decide to make a report to law enforcement. tested.') which was cleaned up to simply 'not be tested.' This was a text duplication artifact, not a policy change.

02/21/25 - Introduced → 06/17/25 - Amended Assembly · 3 edits · Jun 17, 2025

MINOR

The Assembly amendment adds an entirely new provision amending the Sexual Assault Victims' DNA Bill of Rights (Penal Code Section 680), which modifies how sexual assault survivors can request that their forensic evidence not be tested. The original land use reporting provision on Low Barrier Navigation Centers is retained but renumbered as Section 2 with minor corrections. The most significant policy change narrows the 'do not test' option from a permanent right available to any victim to a temporary hold available only to survivors 18 or older who are undecided about reporting to law enforcement.

SCOPE

A new Section 1 amending Penal Code Section 680 (Sexual Assault Victims' DNA Bill of Rights) was added. This section re-enacts most of the existing statute with minor language updates and makes one substantive policy change to the 'do not test' provision.

ELIGIBILITY

The 'do not test' request for sexual assault forensic evidence was changed from a permanent right available to any victim to a temporary hold available only to a survivor who is 18 years of age or older and who is undecided whether to report to law enforcement at the time of examination. The evidence will not be tested until the survivor decides to make a report, after which normal testing requirements apply.

TECHNICAL

The original land use provision (Government Code Section 65400) was renumbered from Section 1 to Section 2. A duplicate item letter '(N)' was corrected to sequential '(N)' and '(O)', and the office name reference was updated from 'Office of Planning and Research, Land Use and Climate Innovation' to 'Office of Land Use and Climate Innovation'.

Sexual assault forensic evidence: testing.

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