BILL ANALYSIS Ó AB 1678 Page 1 Date of Hearing: April 6, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 1678 (Santiago) - As Amended February 25, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|9 - 0 | |Committee: | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- 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. AB 1678 Page 2 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, AB 1678 Page 3 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. AB 1678 Page 4 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