BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1678


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          Date of Hearing:  April 6, 2016


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


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


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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          Yes


          SUMMARY:


          This bill adds sexual assault, stalking, human trafficking, and  
          elder or dependent adult abuse, all as defined, to the list of  
          crimes for which law enforcement is required to provide upon  
          request, without charge and within a specified time frame, a  
          copy of all incident reports and all incident report face sheets  
          to victims or the victims' representative.









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          FISCAL EFFECT:


          Minor costs to local law enforcement to provide reports. Staff  
          notes that the reports are only required upon request and some  
          counties, including San Francisco, already provide them at no  
          charge. State law currently requires that similar reports be  
          provided to victims of domestic violence. Although a potentially  
          reimbursable mandate, it is unlikely that a local agency would  
          submit a claim.


          COMMENTS:


          1)Purpose. According to the California Partnership to End  
            Domestic Violence, "State law currently allows domestic  
            violence victims to request and receive one free copy of their  
            police report from law enforcement agencies.  For victims 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 much, if anything, they  
            will charge 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."  AB 1678  
            will allow victims of sexual assault, stalking, human  
            trafficking or elder adult abuse, like victims of domestic  
            violence, to obtain timely police reports free of charge.  


          2)Background. California has established various legal avenues  
            to help protect victims of domestic violence and other similar  
            crimes from further abuse.  Victims can obtain restraining  
            orders, terminate a lease early and move to a safer location,  








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            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.  
             Employers are also required to provide reasonable  
            accommodations to help ensure the safety of these victims  
            while they are at work.  


            To obtain these legal protections, victims must prove, whether  
            to the court, their landlord or their employer, that they are  
            indeed victims.  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.  


            Historically, victims had to write and request copies of these  
            reports, which were then provided by mail, a process that  
            often took several weeks.  In 1999, the Legislature required  
            that domestic violence victims be provided with an expedited  
            and affordable method for obtaining these reports.  However,  
            current law does not require that victims of sexual assault,  
            stalking, human trafficking or elder adult abuse, who are  
            afforded and are often seeking similar protections as victims  
            of domestic violence, also receive timely and free copies of  
            their police reports.  


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









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          4)Prior Legislation.  AB 403 (Romero), Chap. 1022, Statutes of  
            1999, required that 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. 


          


          Analysis Prepared by:Jennifer Swenson / APPR. / (916)  
          319-2081