Victim’s and witness’ rights.
AB 1681
California Bills
20250AB__168198AMD INTRODUCED 2026-02-02 AMENDED_ASSEMBLY 2026-05-18 2025 AB AMD Introduced by Assembly Member Ramos LEAD_AUTHOR ASSEMBLY Ramos
An act to amend
Section 679.02 of the Penal Code, relating to criminal procedure. criminal procedure Victim’s and witness’ rights. Existing law establishes specified rights for victims and witnesses of crimes, including to be notified or informed regarding specified court proceedings and inmate placement or parole eligibility.
This bill would require the district attorney’s office or other prosecuting agency to ensure that the contact information of the victim and the victim’s next of kin is provided to the Department of Corrections and Rehabilitation at the time of sentencing in cases that result in a sentence to state prison, to the extent that contact information is reasonably available. By increasing the burdens on local prosecuting 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. MAJORITY NO YES YES NO NO NO NO NO NO NO The people of the State of California do enact as follows:
SECTION
Section 679.02 of the Penal Code is amended to read: 679.02. (
a) The following rights 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 the victim or witness 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 their views, have those views preserved by audio or video means as provided in
Section 1191.16, and to have the court consider their 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 their 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, or by other means as provided by Sections 3043.2 and 3043.25, to reasonably express their views, and to have their statements considered, as provided by
Section of this code and by
Section 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 a witness 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 of Division of Title of the Government Code and
Section 1191.2 of this code.
(9) To the expeditious return of property that 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 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) For the victim, upon request, to be notified of any pretrial disposition of the case, to the extent required by
Section of
Article I of the California Constitution. (
A) A victim may request to be notified of a pretrial disposition. (
B) The victim may be notified by any reasonable means available. (
C) This paragraph is not 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 or committed with the intent to commit a violation of
Section 261, 286, 287, 288, or 289, or former
Section or 288a. (
C) Rape, in violation of
Section 261. (
D) Oral copulation, in violation of
Section or former
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.
(15) For the victim, to be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim has a right to be notified as early and often as possible, including during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in postconviction proceedings. (
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 of
Part 4. (
c) Local law enforcement agencies shall make available copies of the materials described in subdivision (
b) to victims and witnesses. (
d) This
section is not intended to affect the rights and services provided to victims and witnesses by the local assistance centers for victims and witnesses. (
e) The court shall not release statements made pursuant to paragraph (3) or (4) of subdivision (
a) to the public prior to the statement being heard in court. (f)
(1) For purposes of this section, in cases that result in a state prison sentence, the district attorney’s office or other prosecuting agency shall ensure that the contact information of the victim and the victim’s next of kin is provided to the Department of Corrections and Rehabilitation at the time of sentencing, to the extent that contact information is reasonably available.
(2) Failure of a victim to submit a separate request for services or notification shall not relieve the state of its duty to provide the information pursuant to this subdivision.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to