BILL NUMBER: AB 1738	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2010
	AMENDED IN ASSEMBLY  MARCH 23, 2010
	AMENDED IN ASSEMBLY  MARCH 2, 2010

INTRODUCED BY   Assembly Member Tran

                        FEBRUARY 4, 2010

   An act to amend Section 6228 of the Family Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1738, as amended, Tran. Domestic violence incident report.
   Existing law requires state and local law enforcement agencies to
provide one copy of all domestic violence incident reports, one copy
of all domestic violence incident report face sheets, or both, to a
victim of domestic violence, upon request. Existing law also requires
law enforcement agencies to provide those documents to a
representative of the victim, as defined, if the victim is deceased.
Existing law provides that any person requesting those documents is
required to present his or her identification, as specified, and, if
that person is a representative of the victim, a certified copy of
the death certificate or other satisfactory evidence of the death of
the victim.
   This bill would require state and local law enforcement agencies
to provide those documents to the victim's representative when the
victim is not deceased, subject to certain requirements. The bill
would also revise the definition of "personal representative" to
additionally include the victim's attorney  and 
 ,  members of the victim's immediate family,  and a
conservator or guardian of the victim,  as specified. By
imposing additional duties on local officials, the bill would create
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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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,
without charging a fee, one copy of all domestic violence incident
report face sheets, one copy of all domestic violence incident
reports, or both, to a victim of domestic violence, or to his or her
representative as defined in subdivision (g), upon request. For
purposes of this section, "domestic violence" has the definition
given in Section 6211.
   (b) A copy of a domestic violence incident report face sheet shall
be made available during regular business hours to a victim of
domestic violence 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
domestic violence incident report face sheet is not available, in
which case the domestic violence 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.
   (c) A copy of the domestic violence incident report shall be made
available during regular business hours to a victim of domestic
violence 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
domestic violence incident report is not available, in which case the
domestic violence 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.
   (d) Any person requesting copies under this section shall present
state or local law enforcement with his or her identification, such
as a current, valid driver's license, a state-issued identification
card, or a passport and, if the person is a representative of the
victim and the victim is deceased, a certified copy of the death
certificate or other satisfactory evidence of the death of the victim
at the time a request is made.
   (e) This section shall apply to requests for face sheets or
reports made within five years from the date of completion of the
domestic violence incident report.
   (f) This section shall be known, and may be cited, as the Access
to Domestic Violence Reports Act of 1999.
   (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 either of the following:
   (A) A parent, sibling, or adult child of the victim, who shall
present to law enforcement his or her identification and a signed
authorization by the victim allowing that family member to act on
behalf of the victim.
   (B) An attorney for the victim, who shall present to law
enforcement his or her identification and written proof that he or
she is the attorney for the victim. 
   (C) A conservator or guardian 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.
   (4) Domestic violence incident report face sheets may not be
provided to a representative of the victim unless both of the
following conditions are met:
   (A) The representative presents his or her identification, such as
a current, valid driver's license, a state-issued identification
card, or a passport.
   (B) The representative presents one of the following:
   (i) If the victim is deceased, a certified copy of the death
certificate or other satisfactory evidence of the death of the victim
at the time of the request.
   (ii) If the victim is alive, a written authorization signed by the
victim making him or her the victim's personal representative.
  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.