Bill Text: CA SB989 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Domestic violence: deaths.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-05-21 - Read second time. Ordered to third reading. [SB989 Detail]
Download: California-2023-SB989-Amended.html
NOYES
Local Program:
NOYES
SECTION 1. Section 6300 of the Family Code is amended to read: 6300.
Bill Title: Domestic violence: deaths.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2024-05-21 - Read second time. Ordered to third reading. [SB989 Detail]
Download: California-2023-SB989-Amended.html
|
Amended
IN
Senate
March 18, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 989
| Introduced by Senator Ashby (Coauthor: Senator Rubio) |
January 30, 2024 |
An act to amend Section 6300 of the Family Code, 129 of the Code of Civil Procedure, to amend Section 27491 of the Government Code, and to add Section 679.07 to the Penal Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
SB 989, as amended, Ashby.
Domestic violence: restraining orders. deaths.
(1) Existing law generally prohibits a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a postmortem examination or autopsy, from being made or disseminated. Existing law authorizes the use of a copy, reproduction, or facsimile described above in specified circumstances, including for use in a potential civil action if the coroner receives written authorization from a legal heir or representative of that person before the civil action is filed or while the action is pending. Existing law requires the identity of the legal heir to be verified by, including other things,
a declaration under the penalty of perjury that the individual is a legal heir or representative of the deceased person.
This bill would additionally authorize a family member, as defined, in a case where there is an identifiable history of domestic violence, as defined, to provide the coroner with written authorization for use or potential use of a copy, reproduction, or facsimile described above in a civil action or proceeding that relates to the death of that person. The bill would also require the identity of the family member to be verified as described above. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.
(2) Existing law requires the coroner to inquire into and determine the circumstances, manner, and cause of certain deaths, including all known or suspected homicides, suicides, or accidental poisonings.
This bill would specify the above-described suicides to include suicides where the deceased has a history of domestic violence. The bill would authorize the coroner, if the circumstances surrounding a death known or suspected as due to suicide afford a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, to conduct the inquiry in consultation with a board-certified forensic pathologist, as specified.
(3) Existing law requires a coroner to investigate deaths that occurred under specified conditions, including without medical attendance, to ascertain as many of the facts as possible. Existing law makes willful infliction of corporal injury resulting in a traumatic condition on specified persons, such as a spouse, former spouse, or someone with whom an individual has or had a dating relationship, among others, a crime and provides enhanced resources for the
prosecution of those crimes.
This bill would require that a death where there is an identifiable history of domestic violence, as defined, be presumed suspicious for the purposes of investigation, scene documentation, coroner evaluation, and interviews of witnesses. The bill would require family members of the decedent to be interviewed prior to any findings being made as to the manner and cause of death. The bill would require that a complete autopsy be conducted where there is an identifiable history of domestic violence and specified conditions are present, including that the decedent died prematurely. If the investigating agency determines that the cause of death was not related to homicide, a family member of the decedent may request an independent review of the findings of a local law enforcement agency be made by another law enforcement agency in the county. By requiring specific investigatory steps be taken by law enforcement agencies, this bill would create
a state-mandated local program.
(4) The bill would make findings and declarations relating to these provisions.
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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order.
This bill would make technical, nonsubstantive changes to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a) Suspicious death cases, where there is a history of domestic violence, are inadequately investigated at times, when a premature decision is made to determine the cause of death as suicide even before a comprehensive investigation has been completed by law enforcement professionals.
(b) Domestic violence-related homicides are highly susceptible to staging or alteration of the death scene before investigators can conduct a
scene investigation, which hampers the responsibilities of the coroner or medical examiner and compromises the ability of investigators to evaluate death cases adequately.
(c) Research has identified 10 red flag markers in suspicious death cases, where there is a history of domestic violence, that should be evaluated in any death investigation.
(d) An independent right of family members of homicide victims has been created in federal law to obtain information, access victim services, and request an independent review of initial findings or the investigation of the death of their family member but the law applies only to those cases under federal jurisdiction.
SEC. 2.
Section 129 of the Code of Civil Procedure is amended to read:129.
(a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows:(1) For use in a criminal action or proceeding in this state that relates to the death of that person.
(2) As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon
the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
(3) For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if either of the following applies:
(A) The coroner receives written authorization from a legal heir or representative of that person person, or a family member in a case where there is an identifiable history of domestic violence. The written authorization may be provided before the action is filed or while the action is pending. To verify the identity of the legal heir or
heir, representative, or family member, all of the following shall be provided to the coroner:
(i) A declaration under penalty of perjury that the individual is a legal heir or representative heir, representative, or family member of the deceased person.
(ii) A valid form of identification.
(iii) A certified death certificate.
(B) A subpoena is issued by a party who is a legal heir or representative of the deceased
person in a pending civil action.
(b) This section shall not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation.
(c) This section shall apply to a copy, reproduction, or facsimile, and to a photograph, negative, or print, regardless of when it was made.
(d) A coroner is not personally liable for monetary damages in a civil action for any act or omission in compliance with this section.
(e) For the purposes of
this section, the following definitions shall apply:
(1) “Domestic violence” has the meaning set forth in Section 6211 of the Family Code.
(2) “Family member” means a parent, sibling, or child of the deceased.
(3) “Identifiable history of domestic violence” means a history of domestic violence that may be determined by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of domestic violence.
SEC. 3.
Section 27491 of the Government Code is amended to read:27491.
(a) It shall be the duty of the coroner to inquire into and determine the circumstances, manner, and cause of all violent, sudden, or unusual deaths; unattended deaths; deaths where the deceased has not been attended by either a physician or a registered nurse, who is a member of a hospice care interdisciplinary team, as defined by subdivision (g) of Section 1746 of the Health and Safety Code in the 20 days before death; deaths known or suspected as due to homicide, suicide, including suicide where the deceased has a history of domestic violence, or accidental poisoning; deaths known or suspected as resulting in whole or in part from or related to accident or injury either old or recent; deaths due to drowning, fire, hanging, gunshot, stabbing, cutting, exposure, starvation, acute alcoholism, drug addiction, strangulation, aspiration, or where the suspected cause of death is sudden infant death syndrome; death in whole or in part occasioned by criminal means; deaths associated with a known or alleged rape; deaths in prison or while under sentence; deaths known or suspected as due to contagious disease and constituting a public hazard; deaths from occupational diseases or occupational hazards; deaths of patients in state hospitals serving the mentally disordered and operated by the State Department of State Hospitals; deaths of patients in state hospitals serving the developmentally disabled and operated by the State Department of Developmental Services; deaths under circumstances that afford a reasonable ground to suspect that the death was caused by the criminal act of another; and any deaths reported by physicians or other persons having knowledge of death for inquiry by coroner. Inquiry pursuant to this section does not include those investigative functions usually performed by other law enforcement agencies.(b) If the coroner conducts an inquiry pursuant to this section, the coroner or a deputy shall personally sign the certificate of death. If the death occurred in a state hospital, the coroner shall forward a copy of the report to the state agency responsible for the state hospital.
(c) The coroner shall have discretion to determine the extent of the inquiry to be made into any death occurring under
natural circumstances and falling within the provisions of this section, and if inquiry determines that the physician of record has sufficient knowledge to reasonably state the cause of a death occurring under natural circumstances, the coroner may authorize that physician to sign the certificate of death.
(d) For the purpose of inquiry, the coroner shall have the right to exhume the body of a deceased person when necessary to discharge the responsibilities set forth in this section.
(e) A funeral director, physician, or other person who has charge of a deceased person’s body, when death occurred as a result of any of the causes or circumstances described in this section, shall immediately notify the coroner. A person who does not notify the coroner as required by this section is guilty of a misdemeanor.
(f) If the circumstances surrounding a death known or suspected as due to suicide afford a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.
SEC. 4.
Section 679.07 is added to the Penal Code, to read:679.07.
(a) An investigation into a death where the decedent has an identifiable history of domestic violence shall be presumed to be a suspicious death case for the purposes of investigation, scene documentation, coroner evaluation, and interviews of witnesses. All personnel investigating a death that is presumed suspicious pursuant to this section shall be trained in the identification and detection of staged crime scene cases, domestic violence, including strangulation assaults, and in working with a multidisciplinary team in the handling of domestic violence cases.(b) Family members, including next of kin, parents, siblings, or other close relatives of the decedent, shall be interviewed in all such cases prior to any findings being made as to
manner and cause of death.
(c) Law enforcement investigators shall request a complete autopsy in a case where there is an identifiable history of domestic violence and any of the following conditions are present:
(1) The decedent died prematurely or in an untimely manner.
(2) The scene of the death gives the appearance of death due to suicide or accident.
(3) One partner wanted to end the relationship.
(4) There is a history of domestic violence that includes coercive control.
(5) The decedent is found dead in a home or place of residence.
(6) The decedent is
found by a current or previous partner.
(7) There is a history of domestic violence that includes strangulation or suffocation.
(8) The current or previous partner of the decedent, or child of the decedent or the decedent’s current or previous partner, is the last to see the decedent alive.
(9) The partner had control of the scene before law enforcement arrived.
(10) The body of the decedent has been moved or the scene or other evidence is altered in some way.
(d) During the pendency of the investigation and any review, pursuant to subdivision (f), family members shall have access to all victim services and support provided under this title.
(e) In the event that a local law enforcement agency makes a finding that the death is not a homicide and closes the case, family members or their legal counsel shall have the right to request any and all records of the investigation currently available under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(f) A family member of the decedent may request an independent review of the findings of a local law enforcement agency in a suspicious death case be performed by another law enforcement agency in the county where the death occurred. That agency shall be identified at the discretion of the original investigating agency.
(g) In the event the investigating agency in subdivision (f) cannot identify an agency to assist with an independent review, the
family may seek out any qualified public or private nonprofit agency authorized by the United States Department of Justice to train law enforcement professionals on the handling of suspicious death cases.
(h) Following a request pursuant to subdivision (f), the local law enforcement agency shall provide all available information to the independent reviewing agency, including all findings and conclusions, for review subject to any required confidentiality agreement to ensure no records are publicly released without authorization from the local law enforcement agency or by court order.
(i) This section does not require local law enforcement agencies to compromise an existing or open investigation and does not preempt the discretion provided to local law enforcement agencies in the investigation of death cases. This section does not impose any additional liability on a local law
enforcement agency for its investigation of existing cases or its investigative conclusions in those cases.
(j) For the purposes of this section, the following definitions shall apply:
(1) “Identifiable history of domestic violence” means a history of domestic violence that may be determined by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of domestic violence.
(2) “Partner” means a spouse, former spouse, cohabitant, former cohabitant, fiance, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.
SEC. 5.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)An order may be issued under this part to restrain a person for the purpose specified in Section 6220 if an affidavit or testimony and any additional information provided to the court pursuant to Section 6306 shows, to the satisfaction of the
court, reasonable proof of a past act or acts of abuse. The court may issue an order under this part based solely on the affidavit or testimony of the person requesting the restraining order.
(b)An ex parte restraining order issued pursuant to Article 1 (commencing with Section 6320) of Chapter 2 shall not be denied solely because the other party was not provided with notice.
