BILL NUMBER: AB 1678	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Santiago

                        JANUARY 19, 2016

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1678, as introduced, Santiago. Provision of incident reports to
victims.
   Existing law requires state and local law enforcement agencies to
provide, without fee, one copy of all domestic violence incident
report face sheets and one copy of all domestic violence incident
reports, or both, to a victim of domestic violence or to his or her
personal representative, as defined, upon request.
   This bill would require the state or local law enforcement
agencies to provide those reports to a victim of sexual assault,
stalking, human trafficking, elder abuse, or any crime in which the
victim and the perpetrator are in a domestic relationship, as
defined. The bill would also specifically include in the definition
of "victim" a minor who is 12 years of age or older. This bill would
also make technical, nonsubstantive changes to these provisions. By
increasing the duties of local law enforcement, 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.
   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,   crime, as defined in
subdivision (f),  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)  (1)    A copy of  a domestic
violence   an  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) 
    (2)  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) 
    (c)  Any person requesting copies under this section
shall present state or local law enforcement with his or her
identification,  such as   including  a
current, valid driver's license, a state-issued identification card,
or a  passport and, if   passport. If  the
person is a representative of the victim and the victim is deceased,
 the representative shall also present  a certified copy of
the death certificate or other satisfactory evidence of the death of
the victim at the time a request is made.  If the  
person is a representative of the victim and the victim is alive and
not the subject of a conservatorship, the representative shall also
present a written authorization, signed by the victim, making him or
her the victim's personal representative.  
   (e) 
    (d)  This section shall apply to requests for face
sheets or  incident  reports made within five years from the
date of completion of the  domestic violence 
incident report. 
   (f) 
    (e)  This section shall be known and may be cited as the
Access to Domestic Violence Reports Act of 1999. 
   (f) For purposes of this section, the following definitions shall
apply:  
   (1) "Domestic crime" means domestic violence, as defined in
Section 6211, sexual assault, stalking, human trafficking, elder
abuse, or any crime in which the victim and the perpetrator are in a
relationship described in Section 6211.  
   (2) "Victim" includes a minor who is 12 years of age or older.

   (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 any of the following:
   (A) A parent, guardian, or adult child of the victim, or an adult
sibling of a victim 12 years of age or older, who shall present to
law enforcement identification pursuant to  subparagraph (A)
of paragraph (4), and if the victim is 12 years of age or older, a
signed authorization by the victim allowing that family member or
guardian to act on the victim's behalf.   subdivision
(c).  A guardian shall also present to law enforcement a copy of
his or her letters of guardianship demonstrating that he or she is
the appointed guardian of the victim.
   (B) An attorney for the victim, who shall present to law
enforcement identification pursuant to  subparagraph (A) of
paragraph (4)   subdivision (c)  and written proof
that he or she is the attorney for the victim.
   (C) A conservator of the victim who shall present to law
enforcement identification pursuant to  subparagraph (A) of
paragraph (4)   subdivision (c)  and a copy of his
or her letters of conservatorship demonstrating that he or she is the
appointed conservator 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, 12 years of age or older, and not the
subject of a conservatorship, 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.