BILL NUMBER: SB 1441	CHAPTERED  07/16/04

	CHAPTER  159
	FILED WITH SECRETARY OF STATE  JULY 16, 2004
	APPROVED BY GOVERNOR  JULY 15, 2004
	PASSED THE ASSEMBLY  JULY 1, 2004
	PASSED THE SENATE  APRIL 22, 2004

INTRODUCED BY   Senator Kuehl

                        FEBRUARY 19, 2004

   An act to add Section 679.05 to the Penal Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1441, Kuehl.  Domestic violence:  victims.
   Existing law sets forth certain rights of victims of, and
witnesses to, crime.  Existing law provides that the victim of sexual
assault or spousal rape has the right to have advocates present at
any evidentiary, medical, or physical examination or interview by law
enforcement authorities or defense attorneys, as specified.
   This bill would provide that a victim of domestic violence or
abuse has the right to have a domestic violence counselor and a
support person of his or her choosing present at any interview by law
enforcement authorities, district attorneys, or defense attorneys,
as specified, and shall be notified orally or in writing by the
attending law enforcement authority or district attorney of that
right prior to the commencement of an initial interview.
   Because this bill would require local officials to perform
additional duties, 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, 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 679.05 is added to the Penal Code, to read:
   679.05.  (a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right to have a domestic violence counselor and a
support person of the victim's choosing present at any interview by
law enforcement authorities, district attorneys, or defense
attorneys.  However, the support person may be excluded from an
interview by law enforcement or the district attorney if the law
enforcement authority or the district attorney determines that the
presence of that individual would be detrimental to the purpose of
the interview.  As used in this section, "domestic violence counselor"
is defined in Section 1037.1 of the Evidence Code.
   (b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the district attorney pertaining to any
criminal action arising out of a domestic violence incident, a victim
of domestic violence or abuse, as defined in Sections 6203 or 6211
of the Family Code, or Section 13700 of this code, shall be notified
orally or in writing by the attending law enforcement authority or
district attorney that the victim has the right to have a domestic
violence counselor and a support person of the victim's choosing
present at the interview or contact.  This subdivision applies to
investigators and agents employed or retained by law enforcement or
the district attorney.
   (2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
district attorney shall also advise the victim of the right to have
a domestic violence counselor and a support person present at any
interview by the defense attorney or investigators or agents employed
by the defense attorney.
   (c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.
  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.