2005 California Penal Code Sections 679-680 TITLE 17. RIGHTS OF VICTIMS AND WITNESSES OF CRIME

PENAL CODE
SECTION 679-680

679.  In recognition of the civil and moral duty of victims and
witnesses of crime to fully and voluntarily cooperate with law
enforcement and prosecutorial agencies, and in further recognition of
the continuing importance of this citizen cooperation to state and
local law enforcement efforts and the general effectiveness and
well-being of the criminal justice system of this state, the
Legislature declares its intent, in the enactment of this title, to
ensure that all victims and witnesses of crime are treated with
dignity, respect, courtesy, and sensitivity.  It is the further
intent that the rights enumerated in Section 679.02 relating to
victims and witnesses of crime are honored and protected by law
enforcement agencies, prosecutors, and judges in a manner no less
vigorous than the protections afforded criminal defendants.  It is
the intent of the Legislature to add to Section 679.02 references to
new rights as or as soon after they are created.  The failure to
enumerate in that section a right which is enumerated elsewhere in
the law shall not be deemed to diminish the importance or
enforceability of that right.
679.01.  As used in this title, the following definitions shall
control:
   (a) "Crime" means an act committed in this state which, if
committed by a competent adult, would constitute a misdemeanor or
felony.
   (b) "Victim" means a person against whom a crime has been
committed.
   (c) "Witness" means any person who has been or is expected to
testify for the prosecution, or who, by reason of having relevant
information, is subject to call or likely to be called as a witness
for the prosecution, whether or not any action or proceeding has yet
been commenced.
679.02.  (a) The following are hereby established as the statutory
rights of victims and witnesses of crimes:
   (1) To be notified as soon as feasible that a court proceeding to
which he or she has been subpoenaed as a witness will not proceed as
scheduled, provided the prosecuting attorney determines that the
witness' attendance is not required.
   (2) Upon request of the victim or a witness, to be informed by the
prosecuting attorney of the final disposition of the case, as
provided by Section 11116.10.
   (3) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all sentencing proceedings, and of the right to
appear, to reasonably express his or her views, have those views
preserved by audio or video means as provided in Section 1191.16, and
to have the court consider his or her statements, as provided by
Sections 1191.1 and 1191.15.
   (4) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all juvenile disposition hearings in which the
alleged act would have been a felony if committed by an adult, and of
the right to attend and to express his or her views, as provided by
Section 656.2 of the Welfare and Institutions Code.
   (5) Upon request by the victim or the next of kin of the victim if
the victim has died, to be notified of any parole eligibility
hearing and of the right to appear, either personally as provided by
Section 3043 of this code, or by other means as provided by Sections
3043.2 and 3043.25 of this code, to reasonably express his or her
views, and to have his or her statements considered, as provided by
Section 3043 of this code and by Section 1767 of the Welfare and
Institutions Code.
   (6) Upon request by the victim or the next of kin of the victim if
the crime was a homicide, to be notified of an inmate's placement in
a reentry or work furlough program, or notified of the inmate's
escape as provided by Section 11155.
   (7) To be notified that he or she may be entitled to witness fees
and mileage, as provided by Section 1329.1.
   (8) For the victim, to be provided with information concerning the
victim's right to civil recovery and the opportunity to be
compensated from the Restitution Fund pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code and Section 1191.2 of this code.
   (9) To the expeditious return of his or her property which has
allegedly been stolen or embezzled, when it is no longer needed as
evidence, as provided by Chapter 12 (commencing with Section 1407)
and Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.
   (10) To an expeditious disposition of the criminal action.
   (11) To be notified, if applicable, in accordance with Sections
679.03 and 3058.8 if the defendant is to be placed on parole.
   (12) To be notified by the district attorney's office where the
case involves a violent felony, as defined in subdivision (c) of
Section 667.5, or in the event of a homicide, the victim's next of
kin, of a pending pretrial disposition before a change of plea is
entered before a judge.
   (A) A victim of any felony may request to be notified, by the
district attorney's office, of a pretrial disposition.
   (B) If it is not possible to notify the victim of the pretrial
disposition before the change of plea is entered, the district
attorney's office or the county probation department shall notify the
victim as soon as possible.
   (C) The victim may be notified by any reasonable means available.
   Nothing in this paragraph is intended to affect the right of the
people and the defendant to an expeditious disposition as provided in
Section 1050.
   (13) For the victim, to be notified by the district attorney's
office of the right to request, upon a form provided by the district
attorney's office, and receive a notice pursuant to paragraph (14),
if the defendant is convicted of any of the following offenses:
   (A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289, in violation of
Section 220.
   (B) A violation of Section 207 or 209 committed with the intent to
commit a violation of Section 261, 262, 286, 288, 288a, or 289.
   (C) Rape, in violation of Section 261.
   (D) Oral copulation, in violation of Section 288a.
   (E) Sodomy, in violation of Section 286.
   (F) A violation of Section 288.
   (G) A violation of Section 289.
   (14) When a victim has requested notification pursuant to
paragraph (13), the sheriff shall inform the victim that the person
who was convicted of the offense has been ordered to be placed on
probation, and give the victim notice of the proposed date upon which
the person will be released from the custody of the sheriff.
   (b) The rights set forth in subdivision (a) shall be set forth in
the information and educational materials prepared pursuant to
Section 13897.1.  The information and educational materials shall be
distributed to local law enforcement agencies and local victims'
programs by the Victims' Legal Resource Center established pursuant
to Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
   (c) Local law enforcement agencies shall make available copies of
the materials described in subdivision (b) to victims and witnesses.
   (d) Nothing in this section is intended to affect the rights and
services provided to victims and witnesses by the local assistance
centers for victims and witnesses.
679.03.  (a) With respect to the conviction of a defendant involving
a violent offense, as defined in subdivision (b) of Section 12021.1,
the county district attorney, probation department, and
victim-witness coordinator shall confer and establish an annual
policy within existing resources to decide which one of their
agencies shall inform each witness involved in the conviction who was
threatened by the defendant following the defendant's arrest and
each victim or next of kin of the victim of that offense of the right
to request and receive a notice pursuant to Section 3058.8 or 3605.
If no agreement is reached, the presiding judge shall designate the
appropriate county agency or department to provide this notification.
   (b) The Department of Corrections shall supply a form to the
agency designated pursuant to subdivision (a) in order to enable
persons specified in subdivision (a) to request and receive
notification from the department of the release, escape, scheduled
execution, or death of the violent offender.  That agency shall give
the form to the victim, witness, or next of kin of the victim for
completion, explain to that person or persons the right to be so
notified, and forward the completed form to the department.  The
department or the Board of Prison Terms is responsible for notifying
all victims, witnesses, or next of kin of victims who request to be
notified of a violent offender's release or scheduled execution, as
provided by Sections 3058.8 and 3605.
   (c) All information relating to any person receiving notice
pursuant to subdivision (b) shall remain confidential and is not
subject to disclosure pursuant to the California Public Records Act
(Chapter 3.5 (commencing with Section 6250) of Title 7 of Division 1
of the Government Code).
679.04.  (a) A victim of sexual assault as the result of any offense
specified in paragraph (1) of subdivision (b) of Section 264.2 has
the right to have victim advocates and a support person of the victim'
s choosing present at any interview by law enforcement authorities,
district attorneys, or defense attorneys.  However, the support
person may be excluded from an interview by law enforcement or the
district attorney if the law enforcement authority or the district
attorney determines that the presence of that individual would be
detrimental to the purpose of the interview.  As used in this
section, "victim advocate" means a sexual assault victim counselor,
as defined in Section 1035.2 of the Evidence Code, or a victim
advocate working in a center established under Article 2 (commencing
with Section 13835) of Chapter 4 of Title 6 of Part 4.
   (b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the district attorney pertaining to any
criminal action arising out of a sexual assault, a victim of sexual
assault as the result of any offense specified in Section 264.2 shall
be notified orally or in writing by the attending law enforcement
authority or district attorney that the victim has the right to have
victim advocates and a support person of the victim's choosing
present at the interview or contact.  This subdivision applies to
investigators and agents employed or retained by law enforcement or
the district attorney.
   (2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
district attorney shall also advise the victim of the right to have
victim advocates and a support person present at any interview by the
defense attorney or investigators or agents employed by the defense
attorney.
   (c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
679.05.  (a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right to have a domestic violence counselor and a
support person of the victim's choosing present at any interview by
law enforcement authorities, prosecutors, or defense attorneys.
However, the support person may be excluded from an interview by law
enforcement or the prosecutor if the law enforcement authority or the
prosecutor determines that the presence of that individual would be
detrimental to the purpose of the interview. As used in this section,
"domestic violence counselor" is defined in Section 1037.1 of the
Evidence Code.
   (b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the prosecutor pertaining to any criminal
action arising out of a domestic violence incident, a victim of
domestic violence or abuse, as defined in Section 6203 or 6211 of the
Family Code, or Section 13700 of this code, shall be notified orally
or in writing by the attending law enforcement authority or
prosecutor that the victim has the right to have a domestic violence
counselor and a support person of the victim's choosing present at
the interview or contact. This subdivision applies to investigators
and agents employed or retained by law enforcement or the prosecutor.
   (2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
prosecutor shall also advise the victim of the right to have a
domestic violence counselor and a support person present at any
interview by the defense attorney or investigators or agents employed
by the defense attorney.
   (c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
680.  (a) This section shall be known as and may be cited as the
"Sexual Assault Victims' DNA Bill of Rights."
   (b) The Legislature finds and declares all of the following:
   (1) Deoxyribonucleic acid (DNA) and forensic identification
analysis is a powerful law enforcement tool for identifying and
prosecuting sexual assault offenders.
   (2) Victims of sexual assaults have a strong interest in the
investigation and prosecution of their cases.
   (3) Law enforcement agencies have an obligation to victims of
sexual assaults in the proper handling, retention and timely DNA
testing of rape kit evidence or other crime scene evidence and to be
responsive to victims concerning the developments of forensic testing
and the investigation of their cases.
   (4) The growth of the Department of Justice's Cal-DNA databank and
the national databank through the Combined DNA Index System (CODIS)
makes it possible for many sexual assault perpetrators to be
identified after their first offense, provided that rape kit evidence
is analyzed in a timely manner.
   (5) Timely DNA analysis of rape kit evidence is a core public
safety issue affecting men, women, and children in the State of
California.  It is the intent of the Legislature, in order to further
public safety, to encourage DNA analysis of rape kit evidence within
the time limits imposed by subparagraphs (A) and (B) of paragraph
(1) of subdivision (i) of Section 803.
   (6) A law enforcement agency assigned to investigate a sexual
assault offense specified in Section 261, 261.5, 262, 286, 288a, or
289 should perform DNA testing of rape kit evidence or other crime
scene evidence in a timely manner in order to assure the longest
possible statute of limitations, pursuant to subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803.
   (7) For the purpose of this section, "law enforcement" means the
law enforcement agency with the primary responsibility for
investigating an alleged sexual assault.
   (c) (1) Upon the request of a sexual assault victim the law
enforcement agency investigating a violation of Section 261, 261.5,
262, 286, 288a, or 289 may inform the victim of the status of the DNA
testing of the rape kit evidence or other crime scene evidence from
the victim's case.  The law enforcement agency may, at its
discretion, require that the victim's request be in writing.  The law
enforcement agency may respond to the victim's request with either
an oral or written communication, or by electronic mail, if an
electronic mail address is available.  Nothing in this subdivision
requires that the law enforcement agency communicate with the victim
or the victim's designee regarding the status of DNA testing absent a
specific request from the victim or the victim's designee.
   (2) Subject to the commitment of  sufficient resources to respond
to requests for information, sexual assault victims have the
following rights:
   (A) The right to be informed whether or not a DNA profile of the
assailant was obtained from the testing of the rape kit evidence or
other crime scene evidence from their case.
   (B) The right to be informed whether or not the DNA profile of the
assailant developed from the rape kit evidence or other crime scene
evidence has been entered into the Department of Justice Data Bank of
case evidence.
   (C) The right to be informed whether or not there is a match
between the DNA profile of the assailant developed from the rape kit
evidence or other crime scene evidence and a DNA profile contained in
the Department of Justice Convicted Offender DNA Data Base, provided
that disclosure would not impede or compromise an ongoing
investigation.
   (3) This subdivision is intended to encourage law enforcement
agencies to notify victims of information which is in their
possession.  It is not intended to affect the manner of or frequency
with which the Department of Justice provides this information to law
enforcement agencies.
   (d) If the law enforcement agency elects not to analyze DNA
evidence within the time limits established by subparagraphs (A) and
(B) of paragraph (1) of subdivision (i) of Section 803, a victim of a
sexual assault offense specified in Section 261, 261.5, 262, 286,
288a, or 289, where the identity of the perpetrator is in issue,
shall be informed, either orally or in writing, of that fact by the
law enforcement agency.
   (e) If the law enforcement agency intends to destroy or dispose of
rape kit evidence or other crime scene evidence from an unsolved
sexual assault case prior to the expiration of the statute of
limitations as set forth in Section 803, a victim of a violation of
Section 261, 261.5, 262, 286, 288a, or 289 shall be given written
notification by the law enforcement agency of that intention.
   (f) Written notification under subdivision (d) or (e) shall be
made at least 60 days prior to the destruction or disposal of the
rape kit evidence or other crime scene evidence from an unsolved
sexual assault case where the election not to analyze the DNA or the
destruction or disposal occurs prior to the expiration of the statute
of limitations specified in subdivision (i) of Section 803.
   (g) A sexual assault victim may designate a sexual assault victim
advocate, or other support person of the victim's choosing, to act as
a recipient of the above information required to be provided by this
section.
   (h)  It is the intent of the Legislature that a law enforcement
agency responsible for providing information under subdivision (c) do
so in a timely manner and, upon request of the victim or the victim'
s designee, advise the victim or the victim's designee of any
significant changes in the information of which the law enforcement
agency is aware.  In order to be entitled to receive notice under
this section, the victim or the victim's designee shall keep
appropriate authorities informed of the name, address, telephone
number, and electronic mail address of the person to whom the
information should be provided, and any changes of the name, address,
telephone number, and electronic mail address, if an electronic
mailing address is available.
   (i) A defendant or person accused or convicted of a crime against
the victim shall have no standing to object to any failure to comply
with this section.  The failure to provide a right or notice to a
sexual assault victim under this section may not be used by a
defendant to seek to have the conviction or sentence set aside.
   (j) The sole civil or criminal remedy available to a sexual
assault victim for a law enforcement agency's failure to fulfill its
responsibilities under  this section is standing to file a writ of
mandamus to require compliance with subdivision (d) or (e).


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