BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1738
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          CONCURRENCE IN SENATE AMENDMENTS
          AB 1738 (Tran)
          As Amended August 3, 2010
          Majority vote
           
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          |ASSEMBLY:  |74-0 |(April 22,      |SENATE: |33-0 |(August 11,    |
          |           |     |2010)           |        |     |2010)          |
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           Original Committee Reference:    JUD.  

           SUMMARY  :  Expands who may receive a copy of a domestic violence  
          incident report.  Specifically,  this bill  :

          1)Provides that if the victim is not deceased, the victim's  
            designated personal representative, who is limited to the  
            victim's parent, guardian, adult sibling (if the victim is 12  
            years of age or older) or adult child, or the victim's  
            attorney or conservator, may receive a copy of the victim's  
            domestic violence incident reports and incident report face  
            sheets.  If the victim is 12 years of age or older and not  
            subject to a conservatorship, requires a written authorization  
            from the victim.

          2)Provides that if the victim is deceased, the victim's personal  
            representative, if appointed, may receive a copy of the  
            victim's domestic violence incident reports and incident  
            report face sheets.

           The Senate amendments  add that the victim's conservator or  
          guardian, if the victim is not deceased, or, if the victim is  
          deceased, the victim's personal representative may receive a  
          copy of a domestic violence incident report.
           
          EXISTING LAW  : 

          1)Requires law enforcement to complete a domestic violence  
            incident report for each domestic violence-related call, as  
            specified.  

          2)Requires law enforcement to provide, without charge, a copy of  
            all domestic violence incident report face sheets and all  
            domestic violence incident reports to the victim or, if the  
            victim is deceased, to his or her representative.   








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          3)Defines a deceased victim's representative as any of the  
            following:  a) the surviving spouse or domestic partner; b)  
            the surviving child of the deceased victim who is at least 18  
            years of age; c) a surviving parent; d) an adult relative; or,  
            e) the public administrator, if one has been appointed.  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version approved by the Senate.
           
          FISCAL EFFECT  :  According to the Senate Appropriations analysis,  
          likely minor; possibly reimbursable to General/Local fund.
           
          COMMENTS  :  Law enforcement is required to complete a domestic  
          violence incident report for each domestic violence-related call  
          it receives.  These reports may be evidence for a court to  
          consider when determining whether to issue a protective order  
          for the victim.  Originally, victims of domestic violence had to  
          write and request copies of those reports, which were then  
          provided by mail, a process that often took several weeks.  That  
          delay prejudiced victims in their ability to present a case for  
          a protective order, so, in 1999, the Legislature required that  
          victims be provided with an expedited and affordable method for  
          obtaining these important reports.  (AB 403 (Romero) Chapter  
          1022, Statutes of 1999.)  

          The Legislature expanded this provision to include  
          representatives of deceased domestic violence victims in  
          response to an incident where a victim had committed suicide.   
          In that case, the victim's mother sought emergency temporary  
          custody of the victim's children, and needed to obtain the  
          police reports to support her case - yet she was unable to get  
          these reports until she hired an attorney.  The 2002 legislation  
          extended to specified representatives of a deceased victim of  
          domestic violence the right a living victim has to get face  
          sheets and incident reports from law enforcement upon request.   
          (SB 1265 (Alpert) Chapter 377, Statutes of 2002.)

          This bill, sponsored by the Conference of California Bar  
          Associations, allows a victim's personal representative to  
          access the incident reports even if the victim is still alive.   
          In order to protect the victim's privacy, the bill, requires  
          that the authorized representative can only be the victim's  
          parent, guardian, adult sibling or adult child.  The  
          representative must also have the written authorization from the  








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          victim.  Additionally, the victim's attorney or conservator may  
          access the incident reports even if the victim is still alive.   
          If the victim is 12 years of age or older and not subject to a  
          conservatorship, requires a written authorization from the  
          victim.

           
          Analysis Prepared by  :  Leora Gershenzon / JUD. / (916) 319-2334 


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