Today's Law As Amended


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AB-3021 Criminal procedure: interrogations.(2023-2024)



As Amends the Law Today


SECTION 1.

 Section 13654 is added to the Penal Code, to read:

13654.
 (a) A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with an immediate family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following:
(1) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning.
(2) Clearly state the essence of all of the following to the person being interviewed, questioned, or interrogated:
(A) “You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions.”
(B) “You are not being detained. You may leave at any time. You are not required to be taken to the police station. If you are detained at a later time, you will receive a Miranda warning.”
(C) “You do not have to talk to the police. You have the right to remain silent.”
(D) “Anything you say can be used as evidence in civil or criminal court.”
(E) “You have the right to refuse to be recorded, photographed, or searched.”
(F) “Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, an attorney, or a legal advocate, and you can have that person with you while you speak to the police.”
(b) For purposes of this section, “immediate family” means the victim’s spouse, domestic partner, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
SEC. 2.
 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.