BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 1738 (Tran) Hearing Date: 06/28/2010 Amended: 05/24/2010 Consultant: Jacqueline Wong-HernandezPolicy Vote: Public Safety 7-0 _________________________________________________________________ ____ BILL SUMMARY: AB 1738 would expand the existing law requiring state and local law enforcement agencies to provide domestic violence victims with a free copy of the domestic violence incident report to include family members and additional representatives, as specified. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2010-11 2011-12 2012-13 Fund Expands state mandate Likely minor; possibly reimbursable General/Local _________________________________________________________________ ____ STAFF COMMENTS: In 1999, AB 403 (Romero) required local law enforcement agencies to provide one free copy of a domestic violence incident report to the victim. Prior to this legislation, local law enforcement could, and often did, charge fees for copies of domestic violence incident reports. AB 403 also required law enforcement to retain those records, and make them available, for five years; prior law required local law enforcement to retain incident reports for two years. The new requirements constituted a state mandate on local law enforcement and, later, a test claim was filed. SB 1265 (Alpert, 2002) expanded the requirements of AB 403 to include providing one free copy of a domestic violence incident report to a representative of the victim, if the victim is deceased. Representatives included the surviving spouse, surviving child (over age 18), domestic partner, surviving parent, surviving adult relative, or a public administrator, subject to limitations. This bill was deemed, by legislative counsel, to constitute an additional state mandate on local law enforcement. No mandate claim on this bill's addition to the domestic violence incident report mandate has been filed. In 2003, a mandate claim was approved for AB 403, requiring the state to reimburse local law enforcement agencies for their costs related to storing domestic violence incident reports for an additional three years, in a way that made copies readily available to a victim requesting a report. In the 2009-10 Budget, the state paid $160,000 General Fund to reimburse local law enforcement for the provisions of this mandate. This bill would create a minor expansion to the provisions of SB 1265, by requiring local law enforcement to provide one free copy of a domestic violence incident report to specified representatives of the victim, even if the victim is not deceased. Requesting representatives would be required to show identification, and a signed authorization from the victim and, presumably, local law enforcement would verify in this information. The provisions of this bill could be considered an expansion of duties, and of the current reimbursable mandate. Any workload increase and reimbursable expenses, however, would likely be very minor.