Amended in Senate June 25, 2013

Amended in Senate June 24, 2013

Amended in Senate June 13, 2013

Amended in Senate June 12, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 81

Introduced by Committee on Budget (Blumenfield (Chair), Bloom, Bonilla, Campos, Chesbro, Daly, Dickinson, Gordon, Jones-Sawyer, Mitchell, Mullin, Muratsuchi, Nazarian, Skinner, Stone, and Ting)

January 10, 2013

An act to amend Sections 13701, 13710, and 13730 of the Penal Code, relating to domestic abuse, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 81, as amended, Committee on Budget. Public safety: domestic abuse.

Existing law, as amended by SB 71 of the begin delete 2012-13 end delete begin insert 2013-14 end insert Regular Session, authorizes every law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers, responses to domestic violence calls, as specified. Existing law, as amended by SB 71 of the begin delete 2012-13 end delete begin insert 2013-14 end insert Regular Session, also authorizes law enforcement agencies to maintain a complete and systemic record of all protection orders with respect to domestic violence incidents and to develop a system for recording all domestic violence-related calls for assistance, including whether weapons were involved.

This bill would provide that, if SB 71 of the begin delete 2012-13 end delete begin insert 2013-14 end insert Regular Session is enacted and becomes operative, these provisions are mandatory for law enforcement agencies. By expanding the duties of local law enforcement agencies, 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.

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.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13701 of the Penal Code, as amended
by Section 47 of Senate Bill 71 of the begin delete 2012-13 end delete begin insert 2013-14 end insert Regular
Session, is amended to read:

13701.  

(a) Every law enforcement agency in this state shall
develop, adopt, and implement written policies and standards for
officers’ responses to domestic violence calls by January 1, 1986.
These policies shall reflect that domestic violence is alleged
criminal conduct. Further, they shall reflect existing policy that a
request for assistance in a situation involving domestic violence
is the same as any other request for assistance where violence has
occurred.

(b) The written policies shall encourage the arrest of domestic
violence offenders if there is probable cause that an offense has
been committed. These policies also shall require the arrest of an
offender, absent exigent circumstances, if there is probable cause
that a protective order issued under Chapter 4 (commencing with
Section 2040) of Part 1 of Division 6, Division 10 (commencing
with Section 6200), or Chapter 6 (commencing with Section 7700)
of Part 3 of Division 12, of the Family Code, or Section 136.2 of
this code, or by a court of any other state, a commonwealth,
territory, or insular possession subject to the jurisdiction of the
United States, a military tribunal, or a tribe has been violated.
These policies shall discourage, when appropriate, but not prohibit,
dual arrests. Peace officers shall make reasonable efforts to identify
the dominant aggressor in any incident. The dominant aggressor
is the person determined to be the most significant, rather than the
first, aggressor. In identifying the dominant aggressor, an officer
shall consider the intent of the law to protect victims of domestic
violence from continuing abuse, the threats creating fear of physical
injury, the history of domestic violence between the persons
involved, and whether either person acted in self-defense. These
arrest policies shall be developed, adopted, and implemented by
July 1, 1996. Notwithstanding subdivision (d), law enforcement
agencies shall develop these policies with the input of local
domestic violence agencies.

(c) These existing local policies and those developed shall be
in writing and shall be available to the public upon request and
shall include specific standards for the following:

(1) Felony arrests.

(2) Misdemeanor arrests.

(3) Use of citizen arrests.

(4) Verification and enforcement of temporary restraining orders
when (A) the suspect is present and (B) the suspect has fled.

(5) Verification and enforcement of stay-away orders.

(6) Cite and release policies.

(7) Emergency assistance to victims, such as medical care,
transportation to a shelter, or a hospital for treatment when
necessary, and police standbys for removing personal property
and assistance in safe passage out of the victim’s residence.

(8) Assisting victims in pursuing criminal options, such as giving
the victim the report number and directing the victim to the proper
investigation unit.

(9) Furnishing written notice to victims at the scene, including,
but not limited to, all of the following information:

(A) A statement informing the victim that despite official
restraint of the person alleged to have committed domestic
violence, the restrained person may be released at any time.

(B) A statement that, “For further information about a shelter
you may contact ____.”

(C) A statement that, “For information about other services in
the community, where available, you may contact ____.”

(D) A statement that, “For information about the California
victims’ compensation program, you may contact 1-800-777-9229.”

(E) A statement informing the victim of domestic violence that
he or she may ask the district attorney to file a criminal complaint.

(F) A statement informing the victim of the right to go to the
superior court and file a petition requesting any of the following
orders for relief:

(i) An order restraining the attacker from abusing the victim
and other family members.

(ii) An order directing the attacker to leave the household.

(iii) An order preventing the attacker from entering the
residence, school, business, or place of employment of the victim.

(iv) An order awarding the victim or the other parent custody
of or visitation with a minor child or children.

(v) An order restraining the attacker from molesting or
interfering with minor children in the custody of the victim.

(vi) An order directing the party not granted custody to pay
support of minor children, if that party has a legal obligation to do
so.

(vii) An order directing the defendant to make specified debit
payments coming due while the order is in effect.

(viii) An order directing that either or both parties participate
in counseling.

(G) A statement informing the victim of the right to file a civil
suit for losses suffered as a result of the abuse, including medical
expenses, loss of earnings, and other expenses for injuries sustained
and damage to property, and any other related expenses incurred
by the victim or any agency that shelters the victim.

(H) In the case of an alleged violation of subdivision (e) of
Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289,
a “Victims of Domestic Violence” card which shall include, but
is not limited to, the following information:

(i) The names and phone numbers of or local county hotlines
for, or both the phone numbers of and local county hotlines for,
local shelters for battered women and rape victim counseling
centers within the county, including those centers specified in
Section 13837, and their 24-hour counseling service telephone
numbers.

(ii) A simple statement on the proper procedures for a victim
to follow after a sexual assault.

(iii) A statement that sexual assault by a person who is known
to the victim, including sexual assault by a person who is the
spouse of the victim, is a crime.

(iv) A statement that domestic violence or assault by a person
who is known to the victim, including domestic violence or assault
by a person who is the spouse of the victim, is a crime.

(10) Writing of reports.

(d) In the development of these policies and standards, each
local department is encouraged to consult with domestic violence
experts, such as the staff of the local shelter for battered women
and their children. Departments may utilize the response guidelines
developed by the commission in developing local policies.

SEC. 2.  

Section 13710 of the Penal Code, as amended by
Section 48 of Senate Bill 71 of the begin delete 2012-13 end delete begin insert 2013-14 end insert Regular
Session, is amended to read:

13710.  

(a) (1) Law enforcement agencies shall maintain a
complete and systematic record of all protection orders with respect
to domestic violence incidents, including orders which have not
yet been served, issued pursuant to Section 136.2, restraining
orders, and proofs of service in effect. This shall be used to inform
law enforcement officers responding to domestic violence calls of
the existence, terms, and effective dates of protection orders in
effect.

(2) The police department of a community college or school
district described in subdivision (a) or (b) of Section 830.32 shall
notify the sheriff or police chief of the city in whose jurisdiction
the department is located of any protection order served by the
department pursuant to this section.

(b) The terms and conditions of the protection order remain
enforceable, notwithstanding the acts of the parties, and may be
changed only by order of the court.

(c) Upon request, law enforcement agencies shall serve the party
to be restrained at the scene of a domestic violence incident or at
any time the party is in custody.

SEC. 3.  

Section 13730 of the Penal Code, as amended by
Section 49 of Senate Bill 71 of the begin delete 2012-13 end delete begin insert 2013-14 end insert Regular
Session, 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 Division 4
(commencing with Section 18250) of Title 2 of Part 6.

SEC. 4.  

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.

SEC. 5.  

This act shall only become operative if Senate Bill 71
of the begin delete 2012-13 end delete begin insert 2013-14 end insert Regular Session becomes operative.

SEC. 6.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to protect the health and safety of victims of domestic
violence at the earliest possible time, it is necessary that this act
take effect immediately.