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SB-733 • 2026

Sexual assault forensic evidence: testing.

Sexual assault forensic evidence: testing.

Crime Education Healthcare
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Wahab
Last action
2025-10-13
Official status
Chaptered by Secretary of State. Chapter 783, Statutes of 2025.
Effective date
Not listed

Plain English Breakdown

The official source material does not provide specific details on when survivors can change their minds about testing after initially requesting no testing.

Sexual Assault Forensic Evidence Testing

This law allows sexual assault survivors who are at least 18 years old and unsure about reporting to the police to request that their medical evidence not be tested, and it sets rules for how this evidence should be stored until they decide otherwise.

What This Bill Does

  • Allows a survivor of sexual assault who is 18 or older and uncertain about reporting to law enforcement at the time of an examination to ask that all collected medical evidence not be tested.
  • Prohibits medical facilities from sending kits for testing if the request is made during the examination.
  • Requires investigating agencies to keep the kit until the survivor decides to have it tested later.
  • If the request is made after the examination, either the agency or the crime lab must hold onto the kit.
  • Allows survivors who initially requested no testing to change their mind and ask for testing at a later time.

Who It Names or Affects

  • Sexual assault survivors aged 18 or older who are unsure about reporting to law enforcement.
  • Medical facilities that collect evidence from sexual assault victims.
  • Law enforcement agencies investigating sexual assaults.

Terms To Know

Kit
A collection of medical evidence gathered after a sexual assault examination.

Limits and Unknowns

  • The bill does not specify when survivors can change their minds about testing after initially requesting no testing.
  • Local agencies may need state funding to comply with the new requirements set by this law.

Bill History

  1. 2025-10-13 California Legislative Information

    Chaptered by Secretary of State. Chapter 783, Statutes of 2025.

  2. 2025-10-13 California Legislative Information

    Approved by the Governor.

  3. 2025-09-23 California Legislative Information

    Enrolled and presented to the Governor at 2 p.m.

  4. 2025-09-13 California Legislative Information

    Assembly amendments concurred in. (Ayes 34. Noes 0. Page 3062.) Ordered to engrossing and enrolling.

  5. 2025-09-13 California Legislative Information

    In Senate. Concurrence in Assembly amendments pending.

  6. 2025-09-13 California Legislative Information

    Read third time. Passed. (Ayes 79. Noes 0. Page 3459.) Ordered to the Senate.

  7. 2025-09-13 California Legislative Information

    Joint Rule 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)

  8. 2025-09-11 California Legislative Information

    Read second time. Ordered to third reading.

  9. 2025-09-10 California Legislative Information

    From committee: Do pass. (Ayes 15. Noes 0.) (September 10).

  10. 2025-09-09 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  11. 2025-09-08 California Legislative Information

    Joint Rule 62(a) suspended.

  12. 2025-09-08 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. 2025-09-08 California Legislative Information

    Re-referred to Com. on APPR. pursuant to Assembly Rule 77.2.

  14. 2025-09-05 California Legislative Information

    Ordered to third reading.

  15. 2025-09-05 California Legislative Information

    Read third time and amended.

  16. 2025-09-05 California Legislative Information

    Assembly Rule 69(b)(1) suspended.

  17. 2025-09-04 California Legislative Information

    Ordered to third reading.

  18. 2025-09-04 California Legislative Information

    Action rescinded whereby bill was read third time, passed, and ordered to the Senate.

  19. 2025-09-03 California Legislative Information

    In Assembly. Held at Desk.

  20. 2025-09-03 California Legislative Information

    Ordered to the Assembly.

  21. 2025-09-03 California Legislative Information

    Ordered to unfinished business.

  22. 2025-09-03 California Legislative Information

    Withdrawn from committee.

  23. 2025-08-25 California Legislative Information

    From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 2242.) Re-referred to Com. on PUB. S.

  24. 2025-08-25 California Legislative Information

    Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(d).

  25. 2025-08-21 California Legislative Information

    In Senate. Concurrence in Assembly amendments pending.

  26. 2025-08-21 California Legislative Information

    Read third time. Passed. (Ayes 77. Noes 0. Page 2706.) Ordered to the Senate.

  27. 2025-07-17 California Legislative Information

    Read second time. Ordered to consent calendar.

  28. 2025-07-16 California Legislative Information

    From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0.) (July 15).

  29. 2025-06-19 California Legislative Information

    Re-referred to Com. on PUB. S. pursuant to Assembly Rule 96.

  30. 2025-06-17 California Legislative Information

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

  31. 2025-05-12 California Legislative Information

    Referred to Com. on H. & C.D.

  32. 2025-04-24 California Legislative Information

    In Assembly. Read first time. Held at Desk.

  33. 2025-04-24 California Legislative Information

    Read third time. Passed. (Ayes 37. Noes 0. Page 888.) Ordered to the Assembly.

  34. 2025-04-22 California Legislative Information

    Read second time. Ordered to consent calendar.

  35. 2025-04-21 California Legislative Information

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

  36. 2025-04-04 California Legislative Information

    Set for hearing April 21.

  37. 2025-04-02 California Legislative Information

    From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 11. Noes 0. Page 609.) (April 1). Re-referred to Com. on APPR.

  38. 2025-03-13 California Legislative Information

    Set for hearing April 1.

  39. 2025-03-12 California Legislative Information

    Referred to Com. on HOUSING.

  40. 2025-02-24 California Legislative Information

    Read first time.

  41. 2025-02-24 California Legislative Information

    From printer. May be acted upon on or after March 24.

  42. 2025-02-21 California Legislative Information

    Introduced. To Com. on RLS. for assignment. To print.

Official Summary Text

SB 733, Wahab.
Sexual assault forensic evidence: testing.
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. If the request is made at the time of the examination, the
bill would prohibit the medical facility from submitting the kit to a crime laboratory and would require the investigating agency to retain the kit until the sexual assault survivor requests testing. If the request is made after the examination, the bill would either require the investigating agency to retain the kit or would require the crime laboratory to return the kit to the investigating agency to be retained. The bill would also authorize a sexual assault survivor who has requested that their kit not be tested to later request that it be tested. By creating a new duty for local investigating agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the
Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Read the full stored bill text 
Download Bill PDF