BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   THIRD READING 


          Bill No:  AB 1678
          Author:   Santiago (D) 
          Amended:  8/15/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  7-0, 5/10/16
           AYES:  Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 8/11/16
           AYES:  Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen

           ASSEMBLY FLOOR:  76-0, 4/14/16 (Consent) - See last page for  
            vote

           SUBJECT:   Provision of incident reports to victims


          SOURCE:    Author

          DIGEST:   This bill requires that in crimes of sexual assault,  
          stalking, human trafficking, and elder or dependent adult abuse,  
          a copy of all incident reports and all incident report face  
          sheets shall be provided, without charge and within specified  
          timeframes, upon request to victims or the victims'  
          representative.


          ANALYSIS:  


          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  
            §§ 6220, 6300)


          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 § 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 § 15657.03(c).)


          4)Requires law enforcement to complete a domestic violence  
            incident report for each domestic violence-related call, as  
            specified.  (Penal Code § 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 §  
            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  
            documentation includes a restraining order or a copy of a  
            police report.  (Civil Code § 1946.7.)


          7)Protects a victim of domestic violence, sexual assault, or  
            stalking, as defined, from employment discrimination and  







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            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 §§ 230, 230.1.)


          This bill: 


          1)Requires state and local law enforcement agencies to provide  
            victims of sexual assault, stalking, human trafficking or  
            elderly or dependent adult abuse with one copy of all incident  
            report face sheets and all incident reports, or both, at no  
            cost upon a request made within two years from the date of  
            completion of the incident report by the victim or their  
            representative.


          2)Defines who is considered a representative of the victim in  
            cases where the victim is alive and not the subject of a  
            conservatorship, that the representative shall also present a  
            written authorization, signed by the victim, making him or her  
            the victim's personal representative.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee:


           Incident reports:  Potentially significant, likely  
            non-reimbursable local costs (Local Funds) for local law  
            enforcement agencies to provide incident reports for the  
            specified crimes within the specified time periods. With  
            regard to the preparation of incident reports for the  
            specified crimes, the Commission on State Mandates previously  







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            disagreed that an "implied mandate" was created by the statute  
            to prepare incident reports via the requirement to provide  
            copies of such reports within specified timeframes. Apart from  
            preparation, the provision of face sheets and incident reports  
            for these crimes would not appear to create a reimbursable  
            state mandate, as disclosure of this information to a victim  
            or his/her authorized representative is currently required  
            under the California Public Records Act. 

           Lost fee revenues:  Potential reduction in fee revenues (Local  
            Funds) to counties that currently charge fees for face  
            sheet/incident report requests. The Department of Justice has  
            indicated over 16,000 arrests for the specified offenses in  
            each of the past three years. The number of future requests  
            for face sheets/incident reports is unknown. As a result, the  
            potential lost revenue to local law enforcement agencies  
            cannot be estimated with certainty and would be dependent on  
            the volume of requests submitted to each local agency and the  
            associated fee charged by that agency, if any.

           State agencies:  Likely minor impact to the California Highway  
            Patrol and the Department of Corrections and Rehabilitation to  
            the extent the provisions of this bill relate to report  
            requests made pursuant to acquiring a restraining order.


          SUPPORT:   (Verified8/11/16)


          California District Attorneys Association
          California Partnership to End Domestic Violence
          California Peace Officers Association
          California State Sheriffs' Association
          Crime Victims United of California


          OPPOSITION:   (Verified8/11/16)


          California Public Defenders Association 


          ARGUMENTS IN SUPPORT:      According to the California  
          Partnership to End Domestic Violence:







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             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 at all, they will charge for a  
             police report. 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. 


          ARGUMENTS IN OPPOSITION:      The California Public Defenders  
          Association states, in part:


             ?providing alleged victims with police reports carries  
             ramifications to the due process rights of individuals who  
             are ultimately charged with the crimes based on the  
             allegations contained in the reports?If alleged victims are  
             given copies of reports, there is not preventing them from  
             further disseminating those reports to the media or to the  
             community in which the defendant and his or her family  
             reside, resulting in the very real possibility of harassment  
             while the charges are pending. The issue of pre-trial  
             harassment is particularly acute in cases involving sexual  
             assault, which the bill seeks to include?


             In addition, turning reports over to an alleged victim, who  
             is by definition a potential trial witness, may unduly impact  
             their trial testimony. For example, the police report may  
             contain statements from other witnesses that could color how  
             the alleged victim recalls the incident when testifying. 

          ASSEMBLY FLOOR:  76-0, 4/14/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  







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            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey,  
            Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,  
            Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Rendon
          NO VOTE RECORDED:  Irwin, Levine, Melendez, Nazarian

          Prepared by:Molly Lao / PUB. S. / 
          8/15/16 20:10:06


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