Bill Text: CA SB290 | 2023-2024 | Regular Session | Chaptered
Bill Title: Domestic violence documentation: victim access.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2023-07-13 - Chaptered by Secretary of State. Chapter 71, Statutes of 2023. [SB290 Detail]
Download: California-2023-SB290-Chaptered.html
Senate Bill
No. 290
CHAPTER 71
An act to amend Section 6228 of the Family Code, relating to domestic violence.
[
Approved by
Governor
July 13, 2023.
Filed with
Secretary of State
July 13, 2023.
]
LEGISLATIVE COUNSEL'S DIGEST
SB 290, Min.
Domestic violence documentation: victim access.
Existing law requires state and local law enforcement agencies to 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 the representative of a victim, of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult, as specified. Existing law requires the copy of the incident report to be made available during business hours, within 5 working days after a request, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why the incident report is not available, as specified. Under existing law, these provisions apply to requests for domestic violence face sheets or incident reports made within 5 years from the date of the completion of the incident report, or within 2 years of the completion
of the incident report for sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult.
This bill would extend those provisions to additionally require the state or local law enforcement agency to make available to a victim or representative any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and 911 recordings, if any. The bill would require the additional documentation to be provided within the same time periods as required for providing an incident report. The bill would extend the time limit for victims of sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult, and
their representatives, to request the documents described in the bill, from 2 years to 5 years. By increasing the duties of local law enforcement, 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 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, a copy of any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 911 recordings, if any, to a victim, or the victim’s 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, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former Section 266 or 288a 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 the victim’s representative no later than 48 hours after being requested, unless the state or local law enforcement agency informs the victim or the victim’s 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 no later than five working days after the request is made.
(2) A copy of the incident report, any accompanying or related
photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of 911 recordings, if any, shall be made available during regular business hours to a victim or the victim’s representative no later than five working days after being requested, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why, for good cause, the items are not available, in which case the items shall be made available no later than 10 working days after the request is made.
(c) A person requesting copies under this section shall present state or local law enforcement with the person’s 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 the person the victim’s personal representative.
(d) This section shall apply to requests for domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult face sheets or incident reports, photographs, 911 recordings, and evidence made within five 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 the letters of guardianship demonstrating that the person 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 the person 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 the letters of conservatorship demonstrating that the person 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.
