Bill Text: CA AB1678 | 2015-2016 | Regular Session | Chaptered
Bill Title: Provision of incident reports to victims.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2016-09-30 - Chaptered by Secretary of State - Chapter 875, Statutes of 2016. [AB1678 Detail]
Download: California-2015-AB1678-Chaptered.html
BILL NUMBER: AB 1678 CHAPTERED
BILL TEXT
CHAPTER 875
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2016
APPROVED BY GOVERNOR SEPTEMBER 30, 2016
PASSED THE SENATE AUGUST 18, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN ASSEMBLY FEBRUARY 25, 2016
INTRODUCED BY Assembly Member Santiago
JANUARY 19, 2016
An act to amend Section 6228 of the Family Code, relating to
domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 1678, Santiago. Provision of incident reports to victims.
Existing law requires state and local law enforcement agencies to
provide, without charging a fee, one copy of all domestic violence
incident report face sheets and one copy of all domestic violence
incident reports, or both, to a victim of domestic violence, as
defined, or to his or her personal representative, as defined, upon
request.
This bill would also require state or local law enforcement
agencies to provide a copy of those reports to a victim of sexual
assault, stalking, human trafficking, or abuse of an elder or a
dependent adult, as defined. The bill would define "victim" for these
purposes to include a minor who is 12 years of age or older. The
bill would require these provisions to apply to requests for reports
made within 2 years from the date of completion of the sexual
assault, stalking, human trafficking, or abuse of an elder or a
dependent adult incident report. This bill would also make technical,
nonsubstantive changes to these provisions. By increasing the duties
of local law enforcement 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 these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6228 of the Family Code is amended to read:
6228. (a) State and local law enforcement agencies shall provide,
upon request and without charging a fee, one copy of all incident
report face sheets, one copy of all incident reports, or both, to a
victim, or his or her representative as defined in subdivision (g),
of a crime that constitutes an act of any of the following:
(1) Domestic violence, as defined in Section 6211.
(2) Sexual assault, as defined in Sections 261, 261.5, 262, 265,
266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 288,
288a, 288.5, 289, or 311.4 of the Penal Code.
(3) Stalking, as defined in Section 1708.7 of the Civil Code or
Section 646.9 of the Penal Code.
(4) Human trafficking, as defined in Section 236.1 of the Penal
Code.
(5) Abuse of an elder or a dependent adult, as defined in Section
15610.07 of the Welfare and Institutions Code.
(b) (1) A copy of an incident report face sheet shall be made
available during regular business hours to a victim or his or her
representative no later than 48 hours after being requested by the
victim or his or her representative, unless the state or local law
enforcement agency informs the victim or his or her representative of
the reasons why, for good cause, the incident report face sheet is
not available, in which case the incident report face sheet shall be
made available to the victim or his or her representative no later
than five working days after the request is made.
(2) A copy of the incident report shall be made available during
regular business hours to a victim or his or her representative no
later than five working days after being requested by a victim or his
or her representative, unless the state or local law enforcement
agency informs the victim or his or her representative of the reasons
why, for good cause, the incident report is not available, in which
case the incident report shall be made available to the victim or his
or her representative no later than 10 working days after the
request is made.
(c) Any person requesting copies under this section shall present
state or local law enforcement with his or her identification,
including a current, valid driver's license, a state-issued
identification card, or a passport. If the person is a representative
of the victim and the victim is deceased, the representative shall
also present a certified copy of the death certificate or other
satisfactory evidence of the death of the victim at the time a
request is made. If the person is a representative of the victim and
the victim is alive and not the subject of a conservatorship, the
representative shall also present a written authorization, signed by
the victim, making him or her the victim's personal representative.
(d) (1) This section shall apply to requests for domestic violence
face sheets or incident reports made within five years from the date
of completion of the incident report.
(2) This section shall apply to requests for sexual assault,
stalking, human trafficking, or abuse of an elder or a dependent
adult face sheets or incident reports made within two years from the
date of completion of the incident report.
(e) This section shall be known and may be cited as the Access to
Domestic Violence Reports Act of 1999.
(f) For purposes of this section, "victim" includes a minor who is
12 years of age or older.
(g) (1) For purposes of this section, if the victim is deceased, a
"representative of the victim" means any of the following:
(A) The surviving spouse.
(B) A surviving child of the decedent who has attained 18 years of
age.
(C) A domestic partner, as defined in subdivision (a) of Section
297.
(D) A surviving parent of the decedent.
(E) A surviving adult relative.
(F) The personal representative of the victim, as defined in
Section 58 of the Probate Code, if one is appointed.
(G) The public administrator if one has been appointed.
(2) For purposes of this section, if the victim is not deceased, a
"representative of the victim" means any of the following:
(A) A parent, guardian, or adult child of the victim, or an adult
sibling of a victim 12 years of age or older, who shall present to
law enforcement identification pursuant to subdivision (c). A
guardian shall also present to law enforcement a copy of his or her
letters of guardianship demonstrating that he or she is the appointed
guardian of the victim.
(B) An attorney for the victim, who shall present to law
enforcement identification pursuant to subdivision (c) and written
proof that he or she is the attorney for the victim.
(C) A conservator of the victim who shall present to law
enforcement identification pursuant to subdivision (c) and a copy of
his or her letters of conservatorship demonstrating that he or she is
the appointed conservator of the victim.
(3) A representative of the victim does not include any person who
has been convicted of murder in the first degree, as defined in
Section 189 of the Penal Code, of the victim, or any person
identified in the incident report face sheet as a suspect.
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 Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
