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.