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Amended
IN
Assembly
January 06, 2020 |
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Amended
IN
Assembly
April 11, 2019 |
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Amended
IN
Assembly
April 02, 2019 |
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Amended
IN
Assembly
March 28, 2019 |
| Introduced by Assembly |
February 21, 2019 |
Existing law prescribes various statutes of limitations for criminal acts, ranging from a requirement that prosecution commence within one year after commission of the offense to provisions authorizing prosecution to be commenced at any time for offenses punishable by death or imprisonment in the state prison for life. Existing law makes the infliction of corporal injury resulting in a traumatic condition upon specified victims, including, among others, the offender’s spouse or former spouse, punishable by imprisonment in the state prison for 2, 3, or 4 years, or in a county jail for not more than one year, or a fine of up to $6,000, or by both that fine and imprisonment.
This bill would authorize prosecution for that crime to be commenced within 20 years under certain circumstances,
including if the state becomes aware of an audio or video recording, photographs, or written or electronic communication that provides evidence sufficient to charge the perpetrator or if the perpetrator confesses to the offense. The bill would apply to crimes that are committed on or after January 1, 2020, and to crimes for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020. By extending the statute of limitations indefinitely, under certain circumstances, for a crime, the bill would impose a state-mandated local program.
Existing law requires the Commission on Peace Officer Standards and Training to implement a training course for law enforcement officers in the handling of domestic violence complaints and to develop guidelines for officer response to domestic violence. Existing law requires the course to include instruction on specified procedures and techniques for responding to domestic violence,
including techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim, and the assessment of lethality or signs of lethal violence in domestic violence situations. Existing law also requires the course of instruction, the learning and performance objectives, the standards for the training, and the guidelines to be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of domestic violence, including 2 domestic violence experts.
This bill would require those techniques for handling domestic violence to include methods for ensuring victim interviews occur in a venue separate from the alleged perpetrator, deescalation techniques, and specified questions for victims. The bill would require the course of training to include the assessment of coercive control that may lead to lethal violence in domestic
violence situations. The bill would also expand the groups and individuals with whom the commission is required to consult to include one representative of an organization working to advance criminal justice reform and one representative of an organization working to advance racial justice.
The bill would include a statement of legislative findings and declarations. The bill would also delete obsolete provisions and make other technical changes.
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 no reimbursement is required by this act for a specified reason.
(b)The board consists of the Secretary of Government Operations or his or her designee and the Controller, both acting ex officio, and a third member who shall be appointed by and serve at the pleasure of the Governor. The third member may be a state officer who shall act ex officio.
This act shall be known, and may be cited, as the Phoenix Act.
The Legislature finds and declares all of the following:
(a)More than one in three women and one in four men in the United States have experienced rape, physical violence, or stalking by an intimate partner in their lifetime.
(b)One in five female high school students report being physically or sexually assaulted by a dating partner.
(c)Many perpetrators of domestic violence were themselves abused.
(d)Better education and resources can help prevent domestic
violence from occurring.
(e)When domestic violence occurs, the statute of limitations varies depending on the crime committed, and can be as short as one year.
(f)Victims may not report a crime for myriad reasons, including their age at the time of abuse, ongoing trauma, threats from the perpetrator, or lack of evidence.
(g)Without resources or any intervention, many perpetrators of domestic violence will abuse multiple partners.
(h)It is the intent of the Legislature to allow for victims of domestic violence to come forward by extending the statute of limitations in order to ensure those victims see justice.
(i)It is the intent of the Legislature to increase training for law enforcement to ensure victims are protected and to prevent future domestic violence from occurring.
(a)Notwithstanding any other law, prosecution for a violation of Section 273.5 may be commenced within 20 years of the crime if one or more of the following criteria applies:
(1)The state becomes aware of an audio or video recording, photographs, or written or electronic communication that provides evidence sufficient to charge the perpetrator.
(2)The perpetrator confesses to the offense.
(3)Three or more victims present corroborating evidence to the state of domestic violence by the same perpetrator or perpetrators in separate events,
the last of which occurred after the applicable statute of limitations had elapsed.
(b)This section applies to crimes that are committed on or after January 1, 2020, and to crimes for which the statute of limitations that was in effect prior to January 1, 2020, has not run as of January 1, 2020.
(a)The commission shall implement by January 1, 1986, a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and also shall develop guidelines for law enforcement response to domestic violence. The course or courses of instruction and the guidelines shall stress enforcement of criminal laws in domestic violence situations, availability of civil remedies and community resources, and protection of the victim. If appropriate, the training presenters shall include domestic violence experts with expertise in the delivery of direct services to victims of domestic violence, including utilizing the staff of shelters for battered women in the presentation of
training.
(b)As used in this section, “law enforcement officer” means any officer or employee of a local police department or sheriff’s office, a peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2, a peace officer of the University of California Police Department, as defined in subdivision (b) of Section 830.2, a peace officer of the California State University Police Departments, as defined in subdivision (c) of Section 830.2, a peace officer, as defined in subdivision (d) of Section 830.31, or a peace officer as defined in subdivisions (a) and (b) of Section 830.32.
(c)The course of basic training for law enforcement officers shall include adequate instruction in the procedures and techniques described below:
(1)The provisions set forth in Title 5 (commencing with Section 13700) relating to response, enforcement of court orders, and data collection.
(2)The legal duties imposed on peace officers to make arrests and offer protection and assistance including guidelines for making felony and misdemeanor arrests.
(3)Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. These techniques shall include, but are not limited to, the following:
(A)Methods for ensuring victim interviews occur in a venue separate from the alleged perpetrator and with appropriate sound barriers
to prevent the conversation from being overheard.
(B)Questions for the victim, including, but not limited to, the following:
(i)Whether the victim would like a followup visit to provide needed support or resources.
(ii)Information on obtaining a gun violence restraining order and a protective order described in Section 6218 of the Family Code.
(C)A verbal review of the resources available for victims outlined on the written notice provided pursuant to paragraph (9) of subdivision (c) of Section 13701.
(4)The nature and extent of domestic violence.
(5)The signs of domestic violence, including, but not limited to, an assessment of coercive control. For purposes of this paragraph, “coercive control” means that the domestic violence victim is the victim of any of the following criminal conduct:
(i)“Coercion,” as described in paragraph (1) of subdivision (h) of Section 236.1, for purposes of committing or impeding the investigation or prosecution of domestic violence.
(ii)False imprisonment, as defined in Section 236.
(iii)Extortion, as defined in Section 518, and the use of fear, as described in Section 519.
(iv)Identity
theft, as defined in Section 530.5, impersonation through an internet website or by other electronic means, as defined in Section 528.5, false personation, as defined in Section 530, receiving money or property as a result of false personation, and mail theft.
(v)Stalking, as defined in Section 646.9, including by telephone or electronic communication.
(vi)Revenge pornography, as described in paragraph (4) of subdivision (j) of Section 647.
(6)The assessment of lethality or signs of lethal violence in domestic violence situations.
(7)The legal rights of, and remedies available
to, victims of domestic violence.
(8)The use of an arrest by a private person in a domestic violence situation.
(9)Documentation, report writing, and evidence collection.
(10)Domestic violence diversion.
(11)Tenancy issues and domestic violence.
(12)The impact on children of law enforcement intervention in domestic violence.
(13)The services and facilities available to victims and batterers.
(14)The use and applications of this code in domestic violence situations.
(15)Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.
(16)Verification and enforcement of stay-away orders.
(17)Cite and release policies.
(18)Emergency assistance to victims and how to assist victims in pursuing criminal justice options.
(d)The guidelines developed by the commission shall also incorporate the factors described in subdivision (c).
(e)Local law enforcement agencies are encouraged to include, as a part of their
advanced officer training program, periodic updates and training on domestic violence. The commission shall assist where possible.
(f)(1)The course of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of domestic violence. The groups and individuals shall include, but shall not be limited to, the following: one representative each from the California Peace Officers’ Association, the Peace Officers’ Research Association of California, the State Bar of California, the California Women Lawyers’ Association, and the State Commission on the Status of Women and Girls; two representatives from the
commission; two representatives from the California Partnership to End Domestic Violence; two peace officers, recommended by the commission, who are experienced in the provision of domestic violence training; two domestic violence experts, recommended by the California Partnership to End Domestic Violence, who are experienced in the provision of direct services to victims of domestic violence; and at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence. At least one of the persons selected shall be a former victim of domestic violence; one representative of an organization working to advance criminal justice reform; and one representative of an organization working to advance racial justice.
(2)The commission, in consultation with these groups and individuals,
shall review existing training programs to determine in what ways domestic violence training might be included as a part of ongoing programs.
(g)Each law enforcement officer below the rank of supervisor who is assigned to patrol duties and would normally respond to domestic violence calls or incidents of domestic violence shall complete, every two years, an updated course of instruction on domestic violence that is developed according to the standards and guidelines developed pursuant to subdivisions (a) and (d). The instruction required pursuant to this subdivision shall be funded from existing resources available for the training required pursuant to this section. It is the intent of the Legislature not to increase the annual training costs of local government
entities.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because 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.