Bill Text: CA AB2531 | 2023-2024 | Regular Session | Amended

California Assembly Bill 2531 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Deaths while in law enforcement custody: reporting.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-09-29 - Chaptered by Secretary of State - Chapter 968, Statutes of 2024. [AB2531 Detail]

Download: California-2023-AB2531-Amended.html

Amended IN Assembly April 03, 2024

Amended IN Assembly March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2531

Introduced by Assembly Member Bryan

February 13, 2024

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

LEGISLATIVE COUNSEL'S DIGEST

AB 2531, as amended, 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 post the name, if the decedent is an adult, and the date of death according to 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) If the decedent is an adult, the name of the decedent.
~~(5)~~

(6) The date on which the death occurred, according to a medical examiner or similar entity.

~~(6)~~

(7) The custodial status of the decedent, including, but not limited to, whether the person was awaiting arraignment, awaiting trial, or incarcerated.

~~(7)~~

(8) 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, 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 deaths has the same meaning as defined in the federal Death in Custody Reporting Act, which includes the death of a person who is either detained or arrested by an officer of a law enforcement agency, is en route to be incarcerated or detained, or is incarcerated or detained at a correctional facility or pretrial detention facility located within the state of California or any other facility pursuant to a contract with, or used by, the agency or medical facility.

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.