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.
AB 1678
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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,
AB 1678
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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