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AB-547 Domestic violence: victim’s rights.(2021-2022)

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Date Published: 03/17/2021 09:00 PM
AB547:v98#DOCUMENT

Amended  IN  Assembly  March 17, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 547


Introduced by Assembly Member McCarty

February 10, 2021


An act to add Section 679.06 to the Penal Code, relating to victims of domestic violence. violence and stalking.


LEGISLATIVE COUNSEL'S DIGEST


AB 547, as amended, McCarty. Domestic violence: victim’s rights.
Existing law provides specified rights to victims of crime, including, for victims of domestic violence or abuse, as defined, the right to have a domestic violence advocate and a support person of the victim’s choosing present at any interview by law enforcement authorities, prosecutors, or defense attorneys. Existing law also requires the Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections to give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of specified crimes, including domestic violence, of any change in the parole status or relevant change in the parole location of the convicted person.
This bill would require the county probation department to notify a victim of domestic violence or abuse violence, abuse, or stalking, as specified, of the perpetrator’s proposed current address or proposed address upon release, when the perpetrator is being placed on or released on probation. probation, as specified, if that victim has requested such notification. The bill would also require a district attorney to advise these victims of their right to request and receive such notification. By increasing the duties of county probation departments, departments and district attorneys, 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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 679.06 is added to the Penal Code, to read:

679.06.
 (a) The county probation department shall notify a victim of domestic violence or abuse, as defined in Section 13700 or in Section 6203 or 6211 of the Family Code, or Section 13700 of this code, a victim of stalking, as defined in Section 646.9, of the perpetrator’s current address or proposed address upon release, when the perpetrator perpetrator, after conviction, is placed on or being released on probation. probation pursuant to subdivision (a) of Section 1203 and under the supervision of the county probation department.
(b) Subdivision (a) shall only apply if the victim has requested notification and has provided the probation department with a current address at which they may be notified.
(c) The district attorney shall advise every victim described in subdivision (a) of their right to request and receive notification pursuant to this section.

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.