BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1678


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          Date of Hearing:   March 8, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 1678  
          (Santiago) - As Amended February 25, 2016


          SUBJECT:  CRIME VICTIMS:  INCIDENT REPORTS


          KEY ISSUE:  IN ORDER TO BETTER PROTECT VICTIMS OF SEXUAL  
          ASSAULT, STALKING, HUMAN TRAFFICking AND ELDER ABUSE, should  
          theSE VICTIMS BE permitted TO RECEIVE FREE and TIMELY COPIES OF  
          THEIR POLICE REPORTS, JUST AS IS DONE TODAY FOR VICTIMS OF  
          DOMESTIC VIOLENCE?


                                      SYNOPSIS


          California has established important legal avenues to help  
          protect victims of domestic violence and other similar crimes  
          from further abuse and allow them to heal.  These victims can  
          obtain restraining orders to keep their abusers away and help  
          prevent further abuse.  They can terminate a lease early and  
          move to a safer location.  They can also take time off from  
          work, without risk of losing their jobs, to obtain a restraining  
          order or, for larger employers, to obtain specified services to  
          increase their safety.  Employers are also required to provide  
          reasonable accommodations to help ensure the safety of these  
          victims while they are at work.  To be able to obtain these  
          legal protections, victims must prove, whether to the court,  
          their landlord or their employer, that they are indeed victims;  








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          and the best evidence of abuse may be a police report.  


          Originally, victims 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.  In 1999, the  
          Legislature required that domestic violence victims be provided,  
          within 48 hours of request, a free copy of their police report.   
          However, current law does not require that victims of sexual  
          assault, stalking, human trafficking or elder adult abuse also  
          receive timely and free copies of their police reports.  This  
          bill corrects that oversight and allows victims of sexual  
          assault, stalking, human trafficking and elder adult abuse, like  
          victims of domestic violence, to obtain timely police reports  
          free of charge.  This bill is supported by the California  
          Partnership to End Domestic Violence and the California State  
          Sheriffs' Association.  It has no known opposition.


          SUMMARY:  Allows a victim of specified crimes to receive a  
          timely copy of his or her law enforcement incident report, free  
          of charge.  Specifically, this bill:  


          1)Requires law enforcement to provide, without charge and within  
            a specified timeframe, a copy of all incident reports and all  
            incident report face sheets to victims of sexual assault,  
            stalking, human trafficking, and elder or dependent adult  
            abuse, all as defined, or the victims' representatives.


          2)Clarifies what a victim's representative must provide in order  
            to obtain the incident report.


          EXISTING LAW:  










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          1)Provides that a court may issue a temporary restraining order  
            for domestic violence prevention, as specified.  (Family Code  
            Sections 6220, 6300 et seq.)


          2)Provides that a court may issue a temporary restraining order  
            for civil harassment, as specified, which may prevent an  
            abuser from, among other things, stalking and sexually  
            assaulting the victim.  (Code of Civil Procedure Section  
            527.6.)


          3)Provides that a court may issue a temporary restraining order  
            for elder or dependent adult abuse, as specified.  (Welfare  
            and Institutions Code Section 15657.03(c).)


          4)Requires law enforcement to complete a domestic violence  
            incident report for each domestic violence-related call, as  
            specified.  (Penal Code Section 13730.)


          5)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 of domestic  
            violence or his or her representative, as provided.  Defines  
            who may be a representative for a living or deceased victim  
            and what that representative must provide to law enforcement  
            in order to be given a copy of the incident report.  Requires  
            that a copy of the report be provided within 48 hours of its  
            request, except for good cause, as provided.  (Family Code  
            Section 6228.)  


          6)Allows a victim of domestic violence, sexual assault,  
            stalking, human trafficking, or elder or dependent adult abuse  
            to terminate a residential lease early if he or she is able to  
            provide the landlord with specified documentation attesting  
            that he or she is a survivor of abuse or violence.  Permitted  








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            documentation includes a restraining order or a copy of a  
            police report.  (Civil Code Section 1946.7.)


          7)Protects a victim of domestic violence, sexual assault, or  
            stalking, as defined, from employment discrimination and  
            retaliation if the victim provides notice to the employer of  
            that status or the employer has actual knowledge of that  
            status and allows the victim to take time off from work, as  
            provided.  Requires, in certain situations, for the employee  
            to provide the employer with certification of his or her  
            status as a victim and provides that such certification can  
            include a police report indicating that the employee is a  
            victim.  (Labor Code Sections 230 and 230.1.)
          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.


          COMMENTS:  California has established various legal avenues to  
          help protect victims of domestic violence and other similar  
          crimes from further abuse and allow them to heal.  These victims  
          can obtain restraining orders to keep their abusers away and  
          help prevent further abuse.  (See, e.g., Family Code Section  
          6320.)  They can terminate a lease early and move to a safer  
          location.  (Civil Code Section 1946.7.)  They can also take time  
          off from work, without risk of losing their job, to obtain a  
          restraining order or, for larger employers, to obtain specified  
          services to increase their safety, such as participation in  
          safety planning and psychological counseling.  (Labor Code  
          Sections 230-230.1.)  Employers are also required to provide  
          reasonable accommodations to help ensure the safety of these  
          victims while they are at work.  (Labor Code Section 230.)


          To be able to obtain these legal protections, victims must  
          prove, whether to the court, their landlord or their employer,  
          that they are indeed victims.  Obviously, a court requires  
          evidence before issuing a restraining order.  (See Family Code  
          Section 6300.)  Similarly, both the employment protections and  
          the tenancy termination protections require proof of the abuse.   








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          (Labor Code Section 230(d)(2); Civil Code Section 1946.7(b).)   
          One of the easiest ways to establish the necessary proof is with  
          a police report.  Police reports may be evidence for a court to  
          consider when determining whether to issue a protective order  
          for the victim.  Additionally, both the employee and tenancy  
          termination protections specifically allow the police report as  
          proof of the underlying abuse.  ((Labor Code Section  
          230(d)(2)(A); Civil Code Section 1946.7(b)(2).)    


          Originally, victims 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.  In 1999, the  
          Legislature required that domestic violence victims be provided  
          with an expedited and affordable method for obtaining these  
          important reports.  (AB 403 (Romero), Chap. 1022, Stats. 1999.)   
          Under that legislation, a victim of domestic violence or his or  
          her representative, must be provided, within 48 hours of  
          request, a copy of the police report at no cost.  However,  
          current law does not require that victims of sexual assault,  
          stalking, human trafficking or elder adult abuse also receive  
          timely and free copies of their police reports.  This bill  
          corrects that oversight and allows victims of sexual assault,  
          stalking, human trafficking or elder adult abuse, like victims  
          of domestic violence, to obtain timely police reports free of  
          charge.  


          In support of the bill, the author writes:


               Currently domestic violence victims are granted one free  
               police report upon request. Sexual assault, stalking, human  
               trafficking, and elder abuse victims often seek the same  
               protections that domestic violence victims do, however,  
               they may not be classified as a "domestic violence" case on  
               their report.  That prevents them from receiving a free  
               police report they would have received if they were  








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               classified under "domestic violence."  This adds a  
               financial burden to their already stressful situation,  
               especially in cases where victims need to pay for multiple  
               reports in order [to chronicle] the events of abuse to  
               build or strengthen their case. . . .


               AB 1678 will ensure that domestic crime victims also have  
               access to a free police report and that access should not  
               be hindered by the lack of money. 


          While police reports are free to victims of domestic violence,  
          currently local law enforcement can decide what to charge  
          victims of similar crimes for copies of their police reports.   
          The author reports that these local agencies today charge up to  
          $30 for reports, with Los Angeles County charging $24.  By  
          contrast, San Francisco provides the reports for free.  


          By increasing the availability of timely and no-cost police  
          reports to victims of sexual assault, stalking, human  
          trafficking and elder abuse, this bill improves the likelihood  
          that these victims will have the required evidence to secure  
          needed protective orders against their abusers.  They will also  
          be able to better protect themselves by terminating a lease  
          early and moving to a safer location or taking time off from  
          work to get needed services and, if necessary, to be provided  
          reasonable safety accommodations, all without risk of losing  
          their jobs.


          This bill also restates who is considered a representative of a  
          victim, for both living and deceased victims, for purposes of  
          collecting the free police reports, and what those  
          representatives must present to law enforcement in order to  
          collect the reports.  The changes to the law proposed by this  
          bill do not make any substantive changes.  Rather, they simply  
          restate the provisions in a way that is easier to understand.








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          ARGUMENTS IN SUPPORT:  In support of the bill, the California  
          Partnership to End Domestic Violence writes:


            State law currently allows domestic violence victims [] to  
            request and receive one free copy of their police report from  
            law enforcement agencies.  For victioms of non-domestic  
            violence crimes police reports are made available for up to a  
            thirty dollar fee.  Currently, local and state agencies are  
            able to decide how mcuh, is at all, they will chanrge for a  
            police reprort.  For survivors with limited financial  
            resources, this is an additional burden to accessing needed  
            documentation of their victimization.  A copy of the police  
            report can be needed by survivors as documentation to take  
            time off of work, to terminate their lease early and relocate  
            for their safety, and to request a good cause waiver for  
            certain CalWORKs requirements, among other uses.


            By ensuring that survivors of these crimes can receive a copy  
            of their police report free of charge, AB 1678 will eliminate  
            an unnecessary financial burden for survivors trying to access  
            needed legal relief and recover from abuse.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Partnership to End Domestic Violence


          California State Sheriffs' Association








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          Opposition


          None on file




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