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AB-2531 Deaths while in law enforcement custody: reporting.(2023-2024)



Current Version: 09/29/24 - Chaptered

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AB2531:v92#DOCUMENT

Assembly Bill No. 2531
CHAPTER 968

An act to amend Section 10008 of the Penal Code, relating to law enforcement.

[ Approved by Governor  September 29, 2024. Filed with Secretary of State  September 29, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2531, Bryan. Deaths while in law enforcement custody: reporting.
Under existing law, when a person who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death is required to post specified information, including the date on which the death occurred and the decedent’s age, race, and gender, on its internet website within 10 days of the death. Existing law requires the agency to update the posting within 30 days if any information regarding the death changes.
The bill would require the agency to post this specified information on its internet website when a juvenile who is in custody dies. The bill would require the agency to also update the posting if the date on which the death occurred changes, once determined by a medical examiner or similar entity. The bill would define in-custody death for these purposes. By expanding the duties of local 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 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 10008 of the Penal Code is amended to read:

10008.
 (a) When a person, including a juvenile, who is in custody dies, the agency with jurisdiction over the state or local correctional facility with custodial responsibility for the person at the time of their death shall, consistent with reporting requirements pursuant to Section 12525 of the Government Code, post all of the following on its internet website:
(1) The full name of the agency with custodial responsibility at the time of death.
(2) The county in which the death occurred.
(3) The facility in which the death occurred, and the location within that facility where the death occurred.
(4) The race, gender, and age of the decedent.
(5) The date on which the death occurred.
(6) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.
(7) The manner and means of death.
(b) (1) Subject to paragraph (2), the information shall be posted for the public to view on the agency’s internet website within 10 days of the date of death. If any of the information changes, including, but not limited to, the manner and means of death and the date on which the death occurred, once determined by a medical examiner or similar entity, the agency shall update the posting within 30 days of the change.
(2) If the agency seeks to notify the next of kin and is unable to notify them within 10 days of the death, the agency shall be given an additional 10 days to make good faith efforts to notify next of kin before the information shall be posted for the public to view on the agency’s internet website.
(c) “In-custody death” means the death of a person who is detained, under arrest, or is in the process of being arrested, is en route to be incarcerated, or is incarcerated at a municipal or county jail, state prison, state-run boot camp prison, boot camp prison that is contracted out by the state, any state or local contract facility, or other local or state correctional facility, including any juvenile facility. “In-custody death” also includes deaths that occur in medical facilities while in law-enforcement custody.

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.