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AB-81 Public safety: domestic abuse.(2013-2014)

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AB81:v93#DOCUMENT

Assembly Bill No. 81
CHAPTER 161

An act to amend Sections 13701, 13710, and 13730 of the Penal Code, relating to domestic abuse, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor  August 27, 2013. Filed with Secretary of State  August 27, 2013. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 81, Committee on Budget. Public safety: domestic abuse.
Existing law, as amended by SB 71 of the 2013–14 Regular Session, authorizes every law enforcement agency in the state to develop, adopt, and implement written policies and standards for officers, responses to domestic violence calls, as specified. Existing law, as amended by SB 71 of the 2013–14 Regular Session, also authorizes law enforcement agencies to maintain a complete and systematic record of all protection orders with respect to domestic violence incidents and to develop a system for recording all domestic violence-related calls for assistance, including whether weapons were involved.
This bill would provide that, if SB 71 of the 2013–14 Regular Session is enacted and becomes operative, these provisions are mandatory for law enforcement agencies. By expanding the duties of local law enforcement agencies, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 13701 of the Penal Code, as amended by Section 47 of Senate Bill 71 of the 2013–14 Regular Session, is amended to read:

13701.
 (a) Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls by January 1, 1986. These policies shall reflect that domestic violence is alleged criminal conduct. Further, they shall reflect existing policy that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred.
(b) The written policies shall encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. These policies also shall require the arrest of an offender, absent exigent circumstances, if there is probable cause that a protective order issued under Chapter 4 (commencing with Section 2040) of Part 1 of Division 6, Division 10 (commencing with Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3 of Division 12, of the Family Code, or Section 136.2 of this code, or by a court of any other state, a commonwealth, territory, or insular possession subject to the jurisdiction of the United States, a military tribunal, or a tribe has been violated. These policies shall discourage, when appropriate, but not prohibit, dual arrests. Peace officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense. These arrest policies shall be developed, adopted, and implemented by July 1, 1996. Notwithstanding subdivision (d), law enforcement agencies shall develop these policies with the input of local domestic violence agencies.
(c) These existing local policies and those developed shall be in writing and shall be available to the public upon request and shall include specific standards for the following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite and release policies.
(7) Emergency assistance to victims, such as medical care, transportation to a shelter, or a hospital for treatment when necessary, and police standbys for removing personal property and assistance in safe passage out of the victim’s residence.
(8) Assisting victims in pursuing criminal options, such as giving the victim the report number and directing the victim to the proper investigation unit.
(9) Furnishing written notice to victims at the scene, including, but not limited to, all of the following information:
(A) A statement informing the victim that despite official restraint of the person alleged to have committed domestic violence, the restrained person may be released at any time.
(B) A statement that, “For further information about a shelter you may contact ____.”
(C) A statement that, “For information about other services in the community, where available, you may contact ____.”
(D) A statement that, “For information about the California victims’ compensation program, you may contact 1-800-777-9229.”
(E) A statement informing the victim of domestic violence that he or she may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the superior court and file a petition requesting any of the following orders for relief:
(i) An order restraining the attacker from abusing the victim and other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so.
(vii) An order directing the defendant to make specified debit payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate in counseling.
(G) A statement informing the victim of the right to file a civil suit for losses suffered as a result of the abuse, including medical expenses, loss of earnings, and other expenses for injuries sustained and damage to property, and any other related expenses incurred by the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of Section 243 or Section 261, 261.5, 262, 273.5, 286, 288a, or 289, a “Victims of Domestic Violence” card which shall include, but is not limited to, the following information:
(i) The names and phone numbers of or local county hotlines for, or both the phone numbers of and local county hotlines for, local shelters for battered women and rape victim counseling centers within the county, including those centers specified in Section 13837, and their 24-hour counseling service telephone numbers.
(ii) A simple statement on the proper procedures for a victim to follow after a sexual assault.
(iii) A statement that sexual assault by a person who is known to the victim, including sexual assault by a person who is the spouse of the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who is known to the victim, including domestic violence or assault by a person who is the spouse of the victim, is a crime.
(10) Writing of reports.
(d) In the development of these policies and standards, each local department is encouraged to consult with domestic violence experts, such as the staff of the local shelter for battered women and their children. Departments may utilize the response guidelines developed by the commission in developing local policies.

SEC. 2.

 Section 13710 of the Penal Code, as amended by Section 48 of Senate Bill 71 of the 2013–14 Regular Session, is amended to read:

13710.
 (a) (1) Law enforcement agencies shall maintain a complete and systematic record of all protection orders with respect to domestic violence incidents, including orders which have not yet been served, issued pursuant to Section 136.2, restraining orders, and proofs of service in effect. This shall be used to inform law enforcement officers responding to domestic violence calls of the existence, terms, and effective dates of protection orders in effect.
(2) The police department of a community college or school district described in subdivision (a) or (b) of Section 830.32 shall notify the sheriff or police chief of the city in whose jurisdiction the department is located of any protection order served by the department pursuant to this section.
(b) The terms and conditions of the protection order remain enforceable, notwithstanding the acts of the parties, and may be changed only by order of the court.
(c) Upon request, law enforcement agencies shall serve the party to be restrained at the scene of a domestic violence incident or at any time the party is in custody.

SEC. 3.

 Section 13730 of the Penal Code, as amended by Section 49 of Senate Bill 71 of the 2013–14 Regular Session, is amended to read:

13730.
 (a) Each law enforcement agency shall develop a system, by January 1, 1986, for recording all domestic violence-related calls for assistance made to the department including whether weapons are involved. All domestic violence-related calls for assistance shall be supported with a written incident report, as described in subdivision (c), identifying the domestic violence incident. Monthly, the total number of domestic violence calls received and the numbers of those cases involving weapons shall be compiled by each law enforcement agency and submitted to the Attorney General.
(b) The Attorney General shall report annually to the Governor, the Legislature, and the public the total number of domestic violence-related calls received by California law enforcement agencies, the number of cases involving weapons, and a breakdown of calls received by agency, city, and county.
(c) Each law enforcement agency shall develop an incident report form that includes a domestic violence identification code by January 1, 1986. In all incidents of domestic violence, a report shall be written and shall be identified on the face of the report as a domestic violence incident. The report shall include at least all of the following:
(1) A notation of whether the officer or officers who responded to the domestic violence call observed any signs that the alleged abuser was under the influence of alcohol or a controlled substance.
(2) A notation of whether the officer or officers who responded to the domestic violence call determined if any law enforcement agency had previously responded to a domestic violence call at the same address involving the same alleged abuser or victim.
(3) A notation of whether the officer or officers who responded to the domestic violence call found it necessary, for the protection of the peace officer or other persons present, to inquire of the victim, the alleged abuser, or both, whether a firearm or other deadly weapon was present at the location, and, if there is an inquiry, whether that inquiry disclosed the presence of a firearm or other deadly weapon. Any firearm or other deadly weapon discovered by an officer at the scene of a domestic violence incident shall be subject to confiscation pursuant to Division 4 (commencing with Section 18250) of Title 2 of Part 6.

SEC. 4.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 5.

 This act shall only become operative if Senate Bill 71 of the 2013–14 Regular Session becomes operative.

SEC. 6.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to protect the health and safety of victims of domestic violence at the earliest possible time, it is necessary that this act take effect immediately.