Bill Text

PDF |Add To My Favorites |Track Bill | print page

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

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 04/22/2019 09:00 PM
AB650:v97#DOCUMENT

Amended  IN  Assembly  April 22, 2019
Amended  IN  Assembly  March 21, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 650


Introduced by Assembly Member Low
(Coauthor: Assembly Member Gloria)

February 15, 2019


An act to amend Sections 102875 and 131230 of, and to add Section 102792 to, Section 131230 of the Health and Safety Code, and to amend Section 13014 of add Section 13026 to the Penal Code, relating to public health. crime.


LEGISLATIVE COUNSEL'S DIGEST


AB 650, as amended, Low. Homicide and suicide: Violent death: data.

(1)Existing law establishes the State Department of Public Health under the direction of the State Public Health Officer, and sets forth the powers and duties of the State Public Health Officer, including designation as the State Registrar of Vital Statistics with supervisory powers over local registrars and responsibility for the uniform and thorough enforcement of laws relating to the registration of certain vital statistics.

Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law sets forth the persons responsible for completing the certificate of death and the required contents of the certificate, including the decedent’s name and sex, which reflects the decedent’s gender identity. Existing law makes certain violations of these requirements a crime.

This bill would require a person completing the certificate of death to record the decedent’s sexual orientation. The bill would also require the State Department of Public Health to access data within the electronic death registration system to annually compile a report on deaths by homicide or suicide, to identify the gender identity and sexual orientation of the victim, and to annually provide that report to the Legislature and the Department of Justice, beginning January 1, 2021. Because a violation of the requirement relative to completing the certificate of death would be a crime, this bill would impose a state-mandated local program.

(2)Existing law authorizes the State Department of Public Health to establish and maintain the California Electronic Violent Death Reporting System (CEVDRS), to collect data on violent deaths.

This bill would require the State Department of Public Health to collect data for the CEVDRS on violent deaths by homicide or suicide that includes the victim’s gender identity and sexual orientation.

(3)Existing law establishes the Department of Justice, under the direction and control of the Attorney General, and requires the department to perform specified duties concerning the investigation and prosecution of homicide cases, including the collection of information on persons who are the victims of, and persons who are charged with, homicide. Existing law requires every state or local governmental entity responsible for the investigation and prosecution of a homicide case to provide the Department of Justice with demographic information about the victim and persons charged with the crime, including age and gender.

This bill would expand the demographic information to include gender identity and sexual orientation as part of the homicide data that is collected by, and provided by governmental entities to, the Department of Justice. By imposing additional reporting duties on local governmental entities, this bill would impose a state-mandated local program.

(1) Existing law requires, when requested by the Attorney General, that every person or agency dealing with crimes or criminals maintain the records necessary to report statistical data, and report statistical data to the Department of Justice and the Attorney General. Existing law requires the Attorney General, subject to the availability of adequate funding, to direct local law enforcement agencies to report to the Department of Justice information related to hate crimes, and to update the OpenJustice Web portal with the information obtained from local law enforcement agencies.
Existing law authorizes the State Department of Public Health to establish and maintain the California Electronic Violent Death Reporting System (CEVDRS), to collect data on violent deaths, as defined.
This bill would require the Attorney General to direct local law enforcement agencies to report quarterly, by January 1, 2021, to the Department of Justice data, on the sexual orientation and gender identity of a victim of a violent death. The bill would require the Attorney General to convene, by July 1, 2020, a stakeholder workgroup, including staff who administer the CEVDRS, local law enforcement agencies, and advocates for members of the lesbian, gay, bisexual, transgender, and queer community, to develop specified standards, such as data reporting requirements and forms, and would authorize the Department of Justice to use established policies and practices on reports on hate crimes. The bill would require the Department of Justice to update annually, by July 1, 2022, and each July 1 thereafter, the OpenJustice Web portal with the information obtained from local law enforcement agencies, to collaborate with the State Department of Public Health to collect and maintain the quarterly reported data in the CEVDRS, and to analyze the data and quarterly reports with the State Department of Public Health. By imposing additional reporting duties on local law enforcement agencies, this bill would impose a state-mandated local program.

(4)

(2) This bill would make findings and declarations regarding the importance of improving the collection of statewide data on deaths by homicide and suicide that involve violent deaths of members of the lesbian, gay, bisexual, transgender, and queer community.

(5) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(3) 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.

 The Legislature finds and declares all of the following:
(a) Information and data about violent deaths by homicide and suicide that involve 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 by homicide and suicide that involve of members of the lesbian, gay, bisexual, transgender, and queer community.
SEC. 2.Section 102792 is added to the Health and Safety Code, to read:
102792.

(a)The State Department of Public Health shall access data within the electronic death registration system implemented pursuant to Section 102778 to annually compile a report on deaths by homicide or suicide, and to identify the gender identity and sexual orientation of the victim. The report shall include information about the ages, sexes, races or ethnicities, gender identity and sexual orientation, and, as applicable, methods of suicide of individuals.

(b)Beginning January 1, 2021, the department shall, notwithstanding Section 10231.5 of the Government Code, annually provide the report compiled pursuant to subdivision (a) to the Legislature and the Department of Justice.

(c)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.

SEC. 3.Section 102875 of the Health and Safety Code is amended to read:
102875.

The certificate of death shall be divided into two sections.

(a)The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:

(1)(A)Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, sexual orientation, and whether the decedent was ever in the Armed Forces of the United States.

(B)A person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate shall be as reported by that person or majority of persons.

(C)If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of their death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.

(D)A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.

(E)A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to them prior to the deadlines for completion specified in that section.

(2)Date of death, including month, day, and year.

(3)Place of death.

(4)Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.

(5)Informant.

(6)Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.

(7)Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.

(8)Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.

(b)The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:

(1)Disease or conditions leading directly to death and antecedent causes.

(2)Operations and major findings thereof.

(3)Accident and injury information.

(4)Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy.

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 (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 website a summary and analysis of the collected data.
(2) The department shall collect data for the CEVDRS on violent deaths by homicide or suicide deaths, as defined in Section 131231, that lists the victim’s gender identity and sexual orientation. 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 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, 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. 5.Section 13014 of the Penal Code is amended to read:
13014.

(a)The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:

(1)Collect information, as specified in subdivision (b), on persons who are the victims of, and persons who are charged with, homicide.

(2)Adopt and distribute, as a written form or by electronic means, to state and governmental entities that are responsible for the investigation and prosecution of homicide cases, forms that will include information to be provided to the department pursuant to subdivision (b).

(3)Compile, collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, and posted on the OpenJustice Web portal. The department shall at least annually update the information required by this section, which shall also be available to the general public.

The department shall perform the duties specified in this subdivision within its existing budget.

(b)Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, gender identity, if different than gender, sexual orientation, race, and ethnic background.

SEC. 6.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other 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. 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.