Bill Text: CA AB1977 | 2021-2022 | Regular Session | Amended
Bill Title: Domestic violence: data collection.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB1977 Detail]
Download: California-2021-AB1977-Amended.html
|
Amended
IN
Assembly
March 22, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 1977
| Introduced by Assembly Member Lackey |
February 10, 2022 |
An act to amend Section 13730 of, and to add Section 13730.5 to, the Penal Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 1977, as amended, Lackey.
Domestic violence: data collection.
Existing law requires every law enforcement agency to develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls. Existing law requires each law enforcement agency to develop an incident report form that includes specified information. Existing law requires the Department of Justice to collect certain criminal justice data from specified persons and agencies and prepare an annual report relating to criminal statistics of the preceding calendar year, including the total number of calls domestic violence-related calls.
This bill would additionally require local law enforcement agencies to include whether a child was present or if a deadly weapon was used during the domestic violence incident. The bill would further require local law enforcement agencies
require courts and district attorneys’ offices to provide specific data regarding domestic violence-related calls, including the total number of cases where a felony or misdemeanor was charged and the ultimate disposition of the cases. The bill would require, beginning July 1, 2023, 2025, the Attorney General’s annual report to include these additional statistics, as specified. By imposing additional duties on 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 13730 of the Penal Code is amended to read:13730.
(a) Each law enforcement agency shall develop a system, by January 1, 1986, for recording all domestic violence-related calls for assistance made to the department, including whether weapons are involved, whether the incident involved strangulation or suffocation, or whether a child was present at the time of the incident. All domestic violence-related calls for assistance shall be supported with a written incident report, as described in subdivision (c), identifying the domestic violence incident. Monthly, the total number of domestic violence calls received and the numbers of those cases involving weapons or strangulation or suffocation, or cases where a child was present at the time of the incident, shall be compiled by each law enforcement agency and submitted to the Attorney General.(b) (1) Within the annual report published under Section 13010, the Attorney General shall report annually to the Governor, the Legislature, and the public the total number of domestic violence-related calls received by California law enforcement agencies, the number of cases involving weapons, the number of cases involving strangulation or suffocation, and a breakdown of calls received by agency, city, and county.
(2) Beginning July 1, 2023, 2025, the Attorney General shall additionally report the total number of domestic violence-related calls
received by California law enforcement agencies where a child was present at the time of the incident and the total number of domestic violence-related calls where a deadly weapon was used,
incident, broken down by county. The department may include this data, broken down by county, on the OpenJusice Web portal.
(c) Each law enforcement agency shall develop an incident report form that includes a domestic violence identification code by January 1, 1986. In all incidents of domestic violence, a report shall be written and shall be identified on the face of the report as a domestic violence incident. The report shall include at least all of the following:
(1) A notation of whether the officer or officers who responded to the domestic violence call observed any signs that the alleged abuser was under the influence of alcohol or a controlled substance.
(2) A notation of whether the officer or officers who responded to the domestic violence call determined if any law enforcement agency had previously responded to a domestic violence call at the same address involving the same alleged abuser or victim.
(3) A notation of whether the officer or officers who responded to the domestic violence call found it necessary, for the protection of the peace officer or other persons present, to inquire of the victim, the alleged abuser, or both, whether a firearm or other deadly weapon was present at the location, and, if there is an
inquiry, whether that inquiry disclosed the presence of a firearm or other deadly weapon. Any firearm or other deadly weapon discovered by an officer at the scene of a domestic violence incident shall be subject to confiscation pursuant to Division 4 (commencing with Section 18250) of Title 2 of Part 6.
(4) A notation of whether there were indications that the incident involved strangulation or suffocation. This includes whether any witness or victim reported any incident of strangulation or suffocation, whether any victim reported symptoms of strangulation or suffocation, or whether the officer observed any signs of strangulation or suffocation.
(5) A notation of whether a child was present at the time of the incident.
SEC. 2.
Section 13730.5 is added to the Penal Code, to read:13730.5.
The Attorney General shall do each of the following:(a) Direct local law enforcement agencies On or before January 1, 2024, direct courts and district attorneys to provide to the Department of Justice, in a manner that the Attorney General prescribes, all of the following information for each reporting year on an annual basis:
(1) The total number of cases in which the
district attorney charged an individual with a violation of subdivision (e) of Section 243 and Section 273.5.
(2) The disposition of the cases identified under subparagraph (A) broken into the following categories:
(A) The total number of cases that resulted in a conviction of a felony violation of Section 273.5 or a misdemeanor violation of subdivision (e) of Section 243 or Section 273.5.
(B) The total number of cases that resulted in a felony conviction for violation of any provision other than Section 273.5.
(C) The total number of cases that resulted in a misdemeanor conviction for any misdemeanor enumerated in Section 29805.
(D) The total number of cases that resulted in a misdemeanor conviction for any misdemeanor other than those enumerated in Section 29805.
(E) The total number of cases where the charges were dismissed or resulted in an acquittal.
(F) For those who were charged and convicted for violation of subdivision (e) of Section 243 or Section 273.5, the following
information:
(i) The total number of individuals sentenced to a term in prison.
(ii) The total number of individuals sentenced to a term in county jail.
(iii) The total number of individuals granted probation or mandatory supervision and a term in county jail.
(iv) The total number of individuals granted probation.
(b) Beginning with the report due on July 1, 2023, 2025, the department’s annual report published under
Section 13010 shall include the information described in subdivision (a), broken down by county. The department may include this data, broken down by county, on the OpenJusice Web portal.
