Amended in Senate January 21, 2014

Amended in Senate January 6, 2014

Amended in Senate April 2, 2013

Senate Bill No. 663

Introduced by Senator Lara

February 22, 2013

An act to amend Sections 1048.1 begin delete and end delete begin insert , end insert 1050 begin insert , and 13515.30 end insert of, and to add Section 13519.06 to, the Penal Code, relating to crime.

LEGISLATIVE COUNSEL’S DIGEST

SB 663, as amended, Lara. Crimes: persons with developmental and intellectual disabilities.

(1) Existing law requires that, in scheduling a trial date at an arraignment in superior court involving any of specified offenses, including sexual assault, reasonable efforts be made to avoid setting that trial, when that case is assigned to a particular prosecuting attorney, on the same day that another case is set for trial involving the same prosecuting attorney. Existing law also requires that continuances be granted only upon a showing of good cause and defines good cause to include specified cases, including cases of sexual abuse, sexual assault, and domestic violence.

This bill would make those provisions applicable to a case involving a crime against a person with a developmental disability.

(2) Existing law directs the Commission on Peace Officer Standards and Training to establish minimum standards relating to the training of law enforcement officers and establishes standards that are specifically applicable in specific types of cases, including domestic violence and the handling of persons with developmental disabilities or mental illness. begin insert Existing law also requires the commission to establish and keep updated a continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center. end insert

The bill would require the Commission on Peace Officer Standards and Training, upon the next regularly scheduled review of a training module relating to persons with disabilities, to create and make available on DVD and to distribute electronically a course on the steps that may be taken in developing a training course regarding the investigation of crimes against or involving individuals with developmental disabilities, intellectual disabilities, cognitive impairments, and communication impairments, as specified. begin insert The bill would also require the continuing education training course relating to law enforcement interaction with mentally disabled and developmentally disabled persons living within a state mental hospital or state developmental center to be integrated and coordinated with the training course developed pursuant to the bill. end insert

The bill would also express the intent of the Legislature in enacting begin delete this end delete begin insert the end insert provision begin insert developing the new course end insert to encourage the establishment of crime investigation units in law enforcement agencies throughout the state specializing in investigating crimes against or involving individuals with developmental disabilities, intellectual disabilities, cognitive impairments, and communication impairments, including, but not limited to, investigating crimes involving the sexual exploitation and sexual abuse of developmentally disabled children and adults.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 1048.1 of the Penal Code is amended to
read:

1048.1.  

begin delete (a) end delete begin delete   end delete In scheduling a trial date at an arraignment in
superior court involving any of the following offenses, reasonable
efforts shall be made to avoid setting that trial, when that case is
assigned to a particular prosecuting attorney, on the same day that
another case is set for trial involving the same prosecuting attorney:

begin delete

(1)

end delete

begin insert (a) end insert  Murder, as defined in subdivision (a) of Section 187.

begin delete

(2)

end delete

begin insert (b) end insert  An alleged sexual assault offense, as described in
subdivisions (a) and (b) of Section 11165.1.

begin delete

(3)

end delete

begin insert (c) end insert  Alleged child abuse offense, as described in Section 11165.6.

begin delete

(4)

end delete

begin insert (d) end insert  A case being handled in the Career Criminal Prosecution
Program pursuant to Sections 999b to 999h, inclusive.

begin delete

(5)

end delete

begin insert (e) end insert  A case involving an allegation of a crime committed against
a person with a developmental disability.

begin delete

(b) For purposes of this section, a “developmental disability”
has the same meaning as found in subdivision (h) of Section 1385
of the Evidence Code.

end delete

SEC. 2.  

Section 1050 of the Penal Code is amended to read:

1050.  

(a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for trial
and heard and determined at the earliest possible time. To this end,
the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant. Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses. Continuances also lead
to longer periods of presentence confinement for those defendants
in custody and the concomitant overcrowding and increased
expenses of local jails. It is therefore recognized that the people,
the defendant, and the victims and other witnesses have the right
to an expeditious disposition, and to that end it shall be the duty
of all courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice. In
accordance with this policy, criminal cases shall be given
precedence over, and set for trial and heard without regard to the
pendency of, any civil matters or proceedings. In further accordance
with this policy, death penalty cases in which both the prosecution
and the defense have informed the court that they are prepared to
proceed to trial shall be given precedence over, and set for trial
and heard without regard to the pendency of, other criminal cases
and any civil matters or proceedings, unless the court finds in the
interest of justice that it is not appropriate.

(b) To continue any hearing in a criminal proceeding, including
the trial, (1) a written notice shall be filed and served on all parties
to the proceeding at least two court days before the hearing sought
to be continued, together with affidavits or declarations detailing
specific facts showing that a continuance is necessary and (2)
within two court days of learning that he or she has a conflict in
the scheduling of any court hearing, including a trial, an attorney
shall notify the calendar clerk of each court involved, in writing,
indicating which hearing was set first. A party shall not be deemed
to have been served within the meaning of this section until that
party actually has received a copy of the documents to be served,
unless the party, after receiving actual notice of the request for
continuance, waives the right to have the documents served in a
timely manner. Regardless of the proponent of the motion, the
prosecuting attorney shall notify the people’s witnesses and the
defense attorney shall notify the defense’s witnesses of the notice
of motion, the date of the hearing, and the witnesses’ right to be
heard by the court.

(c) Notwithstanding subdivision (b), a party may make a motion
for a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause
for the failure to comply with those requirements, the court may
impose sanctions as provided in Section 1050.5.

(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing,
the court shall make a finding whether good cause has been shown
and, if it finds that there is good cause, shall state on the record
the facts proved that justify its finding. A statement of the finding
and a statement of facts proved shall be entered in the minutes. If
the moving party is unable to show good cause for the failure to
give notice, the motion for continuance shall not be granted.

(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.

(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if
it finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall
be entered in the minutes.

(g) (1) When deciding whether or not good cause for a
continuance has been shown, the court shall consider the general
convenience and prior commitments of all witnesses, including
peace officers. Both the general convenience and prior
commitments of each witness also shall be considered in selecting
a continuance date if the motion is granted. The facts as to
inconvenience or prior commitments may be offered by the witness
or by a party to the case.

(2) For purposes of this section, “good cause” includes, but is
not limited to, those cases where any of the following has occurred
and the prosecuting attorney assigned to the case has another trial,
preliminary hearing, or motion to suppress in progress in that court
or another court:

(A) Murder, as defined in subdivision (a) of Section 187.

(B) Allegations that involve stalking, as defined in Section
646.9.

(C) A violation of one or more of the sections specified in
subdivision (a) of Section 11165.1 or Section 11165.6.

(D) Domestic violence as defined in Section 13700.

(E) A case being handled in the Career Criminal Prosecution
Program pursuant to Sections 999b to 999h, inclusive.

(F) A hate crime, as defined in Title 11.6 (commencing with
Section 422.6) of Part 1.

(G) A case involving a crime against a person with a
developmental disability.

(H) A continuance under this subdivision shall be limited to a
maximum of 10 additional court days.

(3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking, hate crimes,
or cases handled under the Career Criminal Prosecution Program.
Any continuance granted to the people in a case involving stalking
or handled under the Career Criminal Prosecution Program shall
be for the shortest time possible, not to exceed 10 court days.

(h) Upon a showing that the attorney of record at the time of
the defendant’s first appearance in the superior court on an
indictment or information is a Member of the Legislature of this
state and that the Legislature is in session or that a legislative
interim committee of which the attorney is a duly appointed
member is meeting or is to meet within the next seven days, the
defendant shall be entitled to a reasonable continuance not to
exceed 30 days.

(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing
on the motion. Whenever any continuance is granted, the court
shall state on the record the facts proved that justify the length of
the continuance, and those facts shall be entered in the minutes.

(j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the
Chair of the Judicial Council.

(k) This section shall not apply when the preliminary
examination is set on a date less than 10 court days from the date
of the defendant’s arraignment on the complaint, and the
prosecution or the defendant moves to continue the preliminary
examination to a date not more than 10 court days from the date
of the defendant’s arraignment on the complaint.

(l) This section is directory only and does not mandate dismissal
of an action by its terms.

begin delete

(m) For purposes of this section, a “developmental disability”
has the same meaning as found in subdivision (h) of Section 1385
of the Evidence Code.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 13515.30 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

13515.30.  

(a) By July 1, 2015, the Commission on Peace
Officer Standards and Training shall establish and keep updated
a continuing education training course relating to law enforcement
interaction with mentally disabled and developmentally disabled
persons living within a state mental hospital or state developmental
center. The training course shall be developed by the commission
in consultation with appropriate community, local, and state
organizations and agencies that have expertise in the area of mental
illness and developmental disability, and with appropriate consumer
and family advocate groups. In developing the course, the
commission shall also examine existing courses certified by the
commission that relate to mentally disabled and developmentally
disabled persons. begin insert The course shall be integrated and coordinated
with the training course established pursuant to Section 13519.06. end insert
The commission shall make the course available to all law
enforcement agencies in California, and the course shall be required
for law enforcement personnel serving in law enforcement agencies
with jurisdiction over state mental hospitals and state
developmental centers, as part of the agency’s officer training
program.

(b) The course described in subdivision (a) may consist of
video-based or classroom instruction. The course shall include, at
a minimum, core instruction in all of the following:

(1) The prevalence, cause, and nature of mental illnesses and
developmental disabilities.

(2) The unique characteristics, barriers, and challenges of
individuals who may be a victim of abuse or exploitation living
within a state mental hospital or state developmental center.

(3) How to accommodate, interview, and converse with
individuals who may require assistive devices in order to express
themselves.

(4) Capacity and consent of individuals with cognitive and
intellectual barriers.

(5) Conflict resolution and deescalation techniques for
potentially dangerous situations involving mentally disabled or
developmentally disabled persons.

(6) Appropriate language usage when interacting with mentally
disabled or developmentally disabled persons.

(7) Community and state resources and advocacy support and
services available to serve mentally disabled or developmentally
disabled persons, and how these resources can be best utilized by
law enforcement to benefit the mentally disabled or
developmentally disabled community.

(8) The fact that a crime committed in whole or in part because
of an actual or perceived disability of the victim is a hate crime
punishable under Title 11.6 (commencing with Section 422.55)
of Part 1.

(9) Information on the state mental hospital system and the state
developmental center system.

(10) Techniques in conducting forensic investigations within
institutional settings where jurisdiction may be shared.

(11) Examples of abuse and exploitation perpetrated by
caregivers, staff, contractors, or administrators of state mental
hospitals and state developmental centers, and how to conduct
investigations in instances where a perpetrator may also be a
caregiver or provider of therapeutic or other services.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 13519.06 is added to the Penal Code, to read:

13519.06.  

(a) It is the intent of the Legislature in enacting this
section to encourage the establishment of crime investigation units
in law enforcement agencies throughout the state specializing in
investigating crimes against or involving individuals with
developmental disabilities, intellectual disabilities, cognitive
impairments, and communication impairments, including, but not
limited to, investigating crimes involving the sexual exploitation
and sexual abuse of developmentally disabled children and adults.

(b) The Commission on Peace Officer Standards and Training,
upon the next regularly scheduled review of a training module
relating to persons with disabilities, shall create and make available
on DVD and may distribute electronically a course on the steps
that may be taken in developing a training course regarding the
investigation of crimes against or involving individuals with
developmental disabilities, intellectual disabilities, cognitive
impairments, and communication impairments. The course
regarding the development of the training course shall be developed
in consultation with appropriate community, local, and state
organizations and agencies that have expertise in the area of
developmental disabilities and with appropriate consumer and
family advocacy groups. begin insert The course shall be integrated and
coordinated with the training course established pursuant to
Section 13515.30. end insert The training shall, at a minimum, include all of
the following subjects:

(1) Statutes, ordinances, and other state and federal laws relating
to crimes involving persons with developmental disabilities,
intellectual disabilities, cognitive impairments, and communication
impairments.

(2) The prevalence, nature, and recognition of developmental
disabilities, intellectual disabilities, cognitive impairments, and
communication impairments.

(3) The incidences of crime involving persons who suffer from
developmental disabilities, intellectual disabilities, cognitive
impairments, and communication impairments.

(4) Reporting requirements and procedures for crimes involving
persons who suffer from developmental disabilities, intellectual
disabilities, cognitive impairments, and communication
impairments.

(5) The unique characteristics, barriers, and challenges of
individuals with developmental disabilities, intellectual disabilities,
cognitive impairments, and communication impairments who may
be victims of abuse or exploitation, including issues relating to
capacity and consent, and specific examples of abuse and
exploitation, including incidents perpetrated by caregivers, facility
or program staff, contractors, or facilities and programs serving
individuals with developmental disabilities, intellectual disabilities,
cognitive impairments, and communication impairments.

(6) Techniques to accommodate, interview, and converse with
an individual who may require assistive devices in order to
communicate for himself or herself.

(7) Techniques for conducting investigations in which a criminal
defendant may also be a caregiver or provider of therapeutic or
other services.

(8) Procedures for minimizing the number of times individuals
with developmental disabilities, begin delete developmental
disabilities, end delete intellectual disabilities, cognitive impairments, and
communication impairments are interviewed by law enforcement
personnel.

(9) Appropriate language and communication when interacting
with people with developmental disabilities, intellectual disabilities,
cognitive impairments, and communication impairments.

(10) Community and state resources and advocacy support and
services available to serve people with developmental disabilities,
intellectual disabilities, cognitive impairments, and communication
impairments and how these resources can best be utilized by law
enforcement.

begin insert

(11) Information regarding private institutions that provide
care to developmentally disabled persons.

end insert begin insert

(12) Information regarding family and social dynamics in
matters involving persons with developmental disabilities.

end insert