BILL NUMBER: AB 469	CHAPTERED
	BILL TEXT

	CHAPTER  483
	FILED WITH SECRETARY OF STATE  OCTOBER 4, 2001
	APPROVED BY GOVERNOR  OCTOBER 3, 2001
	PASSED THE ASSEMBLY  AUGUST 30, 2001
	PASSED THE SENATE  AUGUST 27, 2001
	AMENDED IN SENATE  JULY 9, 2001
	AMENDED IN ASSEMBLY  APRIL 25, 2001
	AMENDED IN ASSEMBLY  MARCH 28, 2001

INTRODUCED BY   Assembly Member Cohn
   (Coauthors:  Assembly Members Alquist, Aroner, Chan, Robert
Pacheco, Steinberg, and Washington)
   (Coauthors:  Senators Karnette, Kuehl, Murray, Romero, and Scott)

                        FEBRUARY 21, 2001

   An act to amend Section 13730 of the Penal Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 469, Cohn.  Domestic violence.
   Existing law requires all law enforcement agencies to prepare a
written incident report containing specified information about all
domestic violence-related calls for assistance made to the
department.  Existing law also requires that the total number of
domestic-violence calls received and the number of those cases
involving weapons be compiled by the agency monthly and submitted to
the Attorney General.
   This bill would require a law enforcement officer who responds to
the scene of a domestic violence-related incident to prepare a
domestic violence incident report which includes a notation of
whether he or she 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 whether the inquiry disclosed the
presence of a firearm or other deadly weapon.  This bill would also
require officers to confiscate any firearm or deadly weapon
discovered at the location of a domestic violence incident.  Because
this bill would require local law enforcement officers to perform
additional duties, it 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 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.  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 shall be compiled by each
law enforcement agency and submitted to the Attorney General.
   (b) 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, and a breakdown of
calls received by agency, city, and county.
   (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 Section 12028.5.
  SEC. 2.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.