A collective voice for sexual assault forensic examiners across California. Cal SAFE is dedicated to advocating for legislation that has an impact on the important work we do. We encourage you to stay informed and participate in our advocacy efforts because your membership in Cal SAFE helps keep our legislative presence strong.
To track California State Legislative Bills: leginfo.legislature.ca.gov
How to find your California legislative representatives: findyourrep.legislature.ca.gov
Submit your position letters to committees as bills move through California’s legislative process: calegislation.lc.ca.gov/Advocates
2023 Legislation
AB 1028 (McKinnor) – Reporting Crimes: Mandated Reporters
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1028
This bill would amend Penal Code 11160 to remove the requirement that a health practitioner make a report to law enforcement when they suspect a patient has suffered physical injury that was caused by assaultive or abusive conduct. Instead, this bill requires the health practitioner to:
•Provide counseling, education, or other support;
•Offer to make a direct connection between the patient and a survivor advocate; and
•Offer a referral to domestic violence or sexual violence advocacy services.
Lead Sponsor: Futures Without Violence
Cal SAFE Position: OPPOSED
Bill Status:
09/01/2023 Senate Appropriations – DIED
AB 1138 (Weber) – Postsecondary education: sexual assault and sexual violence prevention: transportation services
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1028
This bill requires, as a condition of receiving state funds for student financial assistance, that California postsecondary institutions to provide students with free transportation to and from a local Sexual Assault Forensic Examination or a Sexual Abuse Response Team exam center for a qualified health care provider to administer the sexual assault forensic medical evidence kit, if a sexual assault forensic medical evidence kit is not administered on campus.
Cal SAFE Position: SUPPORTED
Bill Status: 10/8/23 – Approved by Governor and Chartered
AB 806 (Maienschein) – Criminal procedure: crimes in multiple jurisdictions.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1253
•The Bill will allow for all crimes of domestic violence when the victim and defendant are the same for all offenses to be tried in the same jurisdiction.
•It protects victims of domestic violence crimes from the repeated trauma associated with multiple prosecutions across jurisdictions. That protection effectively reduces the number of times victims are required to testify against their abuser and limits their exposure in the criminal justice system when their victimization is at the hands of one perpetrator.
•It will also conserve court staffing costs, maximize judicial resources, and reduce the need for separate trials across numerous jurisdictions.
Cal SAFE Position: SUPPORTED
Bill Status: 10/7/23 – Approved by Governor and Chartered
SB 290 (Min) –
Domestic violence documentation: victim access.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB290
This bill would require state or local law enforcement agencies to make available to a victim or representative, upon request and within a specified time frame, any photographs of a victim’s injuries, property damage, or any other photographs noted in the incident report, and 911 recordings related to an incident report.
Cal SAFE Position: TRACKING
Bill Status: 07/13/23 Approved by Governor & Chartered by Secretary of State
AB 1253 (Maienschein) – Hearsay: Exceptions
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1253
This bill creates a new hearsay exemption in the Evidence Code that makes certain statements within an official written report or record of a law enforcement officer regarding a sexual offense that resulted in a person’s conviction, admissible in a probable cause hearing held pursuant to the Sexually Violent Predator Act. Specifically, the following statements are not made inadmissible hearsay at the probable cause hearing to prove the truth of the matter stated:
•A statement from a victim of the sexual offense;
•A statement from an eyewitness to the sexual offense; or
•A statement from a sexual assault medical examiner who examined a victim of the sexual offense.
Cal SAFE Position: TRACKING
Bill Status: 10/7/23 – Approved by Governor and Chartered
SB 464 (Wahab) – Criminal law: rights of victims and witnesses of crimes
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB464
This bill would give sex assault victims additional rights during a medical evidentiary examination and interview, require law enforcement agencies to report specified data to the Department of Justice (DOJ) regarding sexual assault kits, and shorten the time frame in which victims and witnesses get written notice regarding the disposition of a case.
•Allows a person to have a licensed attorney representing the victim present any interview by law enforcement authorities, district attorneys or defense attorneys.
•The victim shall be notified in writing by the attending law enforcement authority or district attorney that they have the right to have a licensed attorney present prior to the commencement of the initial interview by law enforcement or the district attorney.
•Provides that each law enforcement agency, medical facility, crime laboratory, and other facility that receives, maintains, stores, or preserves sexual assault kids shall submit a report with similar information to the DOJ by July 1, 2026.
•Requires that, upon request of a victim or a witness of a crime, the prosecuting attorney shall, within 72 hours of the final disposition of the case, inform the victim or witness by letter of such final disposition.
Cal SAFE Position: TRACKING
Bill Status: 10/10/23 – Approved by Governor and Chartered
AB 1402 (Dahle) –
Medical evidentiary examinations: reimbursement.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB1402
•This bill requires that costs of the medical evidentiary examination of a victim of physical child abuse or neglect be submitted by specified medical examiners for reimbursement by the Office of Emergency Services (OES), rather than charged directly or indirectly to the victim.
•Requires each county’s designated SART, SAFE, or other qualified medical evidentiary examiners to submit invoices to OES, who shall administer the program.
•A flat reimbursement rate shall be established, and OES must provide reimbursement within 60 days.
•Allows victims of child physical abuse or neglect to receive a medical evidentiary exam outside of the jurisdiction where the crime occurred and requires that county’s approved SART, SAFE teams, or qualified medical evidentiary examiners to be reimbursed for the performance of these exams.
Cal SAFE Position: TRACKING
Bill Status: 10/13/23 – Approved by Governor and Chartered
AB 452 (Addis) – Childhood sexual assault: statute of limitations
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB452
This bill would eliminate time limitations on when people may file civil lawsuits seeking damages for childhood sexual assault against specified defendants, including state and local agencies and public schools. The bill specifies that the change in time limits would apply only to causes of action arising on or after January 1, 2024.
Cal SAFE Position: TRACKING
Bill Status: 10/10/23 – Approved by Governor and Chartered