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AB-313 Corrections: notifications.(2023-2024)



Current Version: 02/23/23 - Amended Assembly

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AB313:v98#DOCUMENT

Amended  IN  Assembly  February 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 313

Introduced by Assembly Member Vince Fong Vince Fong

January 26, 2023

An act to amend Section 679.03 of the Penal Code, relating to corrections.


LEGISLATIVE COUNSEL'S DIGEST


AB 313, as amended, Vince Fong Vince Fong. Corrections: notifications.
Existing law requires the Department of Corrections and Rehabilitation to supply a form to designated agencies in order to enable persons to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. Existing law requires the agency to give the form to the victim, witness, or next of kin of the victim for completion, explain to that person or persons the right to be notified, and forward the completed form to the department.
This bill would require the designated agencies to also give the form to the immediate or extended family members of the victim, and to inform them of their right to request and receive a notification from the department. The bill would also require the department or the Board of Parole Hearings to notify the immediate or extended family members of the victim of a violent offender’s release or scheduled execution. By requiring a higher level of service from 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 679.03 of the Penal Code, as amended by Section 337 of Chapter 615 of the Statutes of 2021, is amended to read:

679.03.
 (a) With respect to the conviction of a defendant involving a violent offense, as defined in Section 29905, the county district attorney, probation department, and victim-witness coordinator shall confer and establish an annual policy within existing resources to decide which one of their agencies shall inform each witness involved in the conviction who was threatened by the defendant following the defendant’s arrest and each victim, next of kin of the victim, or immediate or extended family members of the victim of that offense of the right to request and receive a notice pursuant to Section 3058.8 or 3605. If no agreement is reached, the presiding judge shall designate the appropriate county agency or department to provide this notification.
(b) The Department of Corrections and Rehabilitation shall supply a form to the agency designated pursuant to subdivision (a) in order to enable persons specified in subdivision (a) to request and receive notification from the department of the release, escape, scheduled execution, or death of the violent offender. That agency shall give the form to the victim, witness, next of kin of the victim, or immediate or extended family members of the victim for completion, explain to that person or persons the right to be so notified, and forward the completed form to the department. The department or the Board of Parole Hearings is responsible for notifying all victims, witnesses, next of kin of victims, or immediate or extended family members of the victim who request to be notified of a violent offender’s release or scheduled execution, as provided by Sections 3058.8 and 3605.
(c) All information relating to any person receiving notice pursuant to subdivision (b) shall remain confidential and is not subject to disclosure pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(d) This section does not preclude a victim, witness, next of kin of the victim, or immediate or extended family members of the victim from requesting notification using an automated electronic notification process, if available.
(e) As used in this section, the following definitions shall apply:

(1)“Extended family member” means the victim’s aunt, uncle, cousin, and in-laws who are related by blood, marriage, or adoption.

(2)“Immediate “immediate family member” means the victim’s spouse, parent, grandparent, brother, sister, 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.