Today's Law As Amended


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AB-650 Violent death: data.(2019-2020)



As Amends the Law Today


SECTION 1.
 The Legislature finds and declares all of the following:
(a) Information and data about violent deaths of members of the lesbian, gay, bisexual, transgender, and queer community can inform decisionmakers and program planners about the magnitude, trends, and characteristics of homicide and suicide in this community.
(b) This data can be an effective tool to evaluate and develop appropriate prevention efforts, and the data can facilitate the evaluation of state-based prevention programs and strategies.
(c) Therefore, it is necessary to improve the collection of statewide data on violent deaths of members of the lesbian, gay, bisexual, transgender, and queer community.

SEC. 4.SEC. 2.

 Section 131230 of the Health and Safety Code is amended to read:

131230.
 (a) To the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, the department shall establish and maintain the California Electronic Violent Death Reporting System. System (CEVDRS). 
(b) (1)  The department shall collect data on violent deaths as reported from data sources, including, but not limited to, death certificates, law enforcement reports, and coroner or medical examiner reports. The department shall post on its Internet Web site  internet website  a summary and analysis of the collected data.
(2) The department shall collect data for the CEVDRS on violent deaths, as defined in Section 131231, that lists the victim’s sexual orientation and gender identity, as specified in Section 13026 of the Penal Code. The department shall collaborate with the Department of Justice to collect and analyze data relative to investigations and victims of violent deaths, including the quarterly reports submitted by local law enforcement agencies, as described in subdivision (g) of Section 13026 of the Penal Code.
(c) (1) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) within the agency’s jurisdiction.
(2) (A) The department may enter into a contract, grant, or other agreement with a local agency to collect the data specified in subdivision (b) from other local agencies if the following conditions are met:
(i) The local agency entering into the agreement agrees to collect the data from the other local agencies.
(ii) The local agency entering into the agreement is not responsible for reporting to the department data that have not been made available by the other local agencies.
(B) The other local agencies described in subparagraph (A) may also enter into their own agreements with the department pursuant to paragraph (1).
(3) The data collected pursuant to paragraph (1) or (2) shall be limited to data that the local agency entering into the agreement or the other local agencies are authorized to collect within their respective jurisdictions.
(4) A local agency entering into an agreement pursuant to paragraph (1) or (2) shall collect data based on existing or new data elements required by the California Electronic Violent Death Reporting System  CEVDRS  only to the extent that resources are made available.
(d) To the extent that funding is available for this purpose, a law enforcement agency may report to the department data on the circumstances surrounding all violent deaths from investigative reports and, if available, laboratory toxicology reports to be used by the department for the limited purpose of conducting public health surveillance and epidemiology. Aggregate data shall be public, but individual identifying information shall remain confidential. The collected data shall be based on the data elements of the federal Centers for Disease Control and Prevention’s National Violent Death Reporting System.  System, in addition to data elements described in subdivision (b). 
(e) The department may apply for grants provided under the National Violent Death Reporting System for purposes of implementing this section.
(f) The department may accept private or foundation moneys to implement this section.
(g) This section does not limit data sources that the department may collect, which may include any public agency document that may contain data on violent deaths.

SEC. 3.

 Section 13026 is added to the Penal Code, immediately following Section 13023, to read:

13026.
 (a) For purposes of this section, “violent death” has the same meaning as in Section 131231 of the Health and Safety Code.
(b) By January 1, 2021, the Attorney General shall direct local law enforcement agencies to report quarterly to the Department of Justice both of the following data relative to investigations and victims of violent deaths:
(1) Sexual orientation.
(2) Gender identity.
(c) (1) By July 1, 2020, the Attorney General shall convene a stakeholder workgroup to develop data standards and categories, data reporting requirements and forms, and analytical assessment standards, relating to sexual orientation and gender identity, as specified in subdivision (d).
(2) The workgroup shall be composed of individuals representing the State Department of Public Health, including staff who administer the California Electronic Violent Death Reporting System, district attorneys, local law enforcement agencies, advocates for members of the lesbian, gay, bisexual, transgender, and queer community, and organizations, such as Equality California, The National Center for Lesbian Rights, the Transgender Law Center, and the Trevor Project.
(d) (1) Data on sexual orientation may include all of the following subcategories:
(A) Bisexual.
(B) Heterosexual.
(C) Homosexual.
(D) Other.
(E) Unknown.
(2) Data on gender identity, if different than sex assigned at birth, may include all of the following subcategories:
(A) Cisgender female or male.
(B) Transgender female or male.
(C) Gender nonconforming.
(3) The data described in subparagraphs (1) and (2) may be stratified by age, mode of violent death, and any other data elements as determined by the stakeholder workgroup.
(e) In developing the report and reporting requirements pursuant to this section, the Department of Justice may use established policies and practices, to the extent feasible, on reports on hate crimes, as specified in Section 13023.
(f) By July 1, 2022, and each July 1 thereafter, the Department of Justice shall update the OpenJustice Web portal with the information obtained from local law enforcement agencies pursuant to this section.
(g) The Department of Justice shall collaborate with the State Department of Public Health to collect and maintain the data reported quarterly in the California Electronic Violent Death Reporting System, as specified in paragraph (2) of subdivision (b) of Section 131230 of the Health and Safety Code. The Department of Justice and the State Department of Public Health shall jointly analyze data relative to investigations and victims of violent deaths, including the quarterly reports submitted by local law enforcement agencies, pursuant to this section.
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.