Bill Text: CA AB330 | 2023-2024 | Regular Session | Amended
Bill Title: Domestic violence: victim’s information card.
Spectrum: Moderate Partisan Bill (Republican 9-1)
Status: (Failed) 2024-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB330 Detail]
Download: California-2023-AB330-Amended.html
|
Amended
IN
Assembly
February 28, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 330
| Introduced by Assembly Member Dixon (Principal coauthor: Assembly Member Lackey) (Coauthors: Assembly Members Alanis, Chen, Megan Dahle, Davies, Essayli, Gallagher, Blanca Rubio, and Ta) |
January 30, 2023 |
An act to amend, repeal, and add Sections 13519 and 13701 of, and to add Section 13823.18 to, the Penal Code, relating to domestic violence.
LEGISLATIVE COUNSEL'S DIGEST
AB 330, as amended, Dixon.
Domestic violence: victim’s information card.
Existing law directs the Commission on Peace Officer Standards and Training to establish training and guidelines for law enforcement officers, as defined, in the handling of domestic violence complaints, such as how to respond to domestic violence incidents, the legal duties imposed on law enforcement officers to make arrests and offer assistance, and techniques to promote the safety of the victim, as specified. Existing law requires law enforcement agencies to develop and implement written policies for officer responses to domestic violence incidents, including furnishing written notice to victims at the scene in the form of a Victims of Domestic Violence card that contains, among other information, telephone numbers for local hotlines, shelters, and counseling centers.
This bill would add the issuance of Victims of Domestic Violence cards as a
topic in the course of instruction for the training of law enforcement officers. This bill would additionally require the Victims of Domestic Violence card to be a different color than other cards issued by officers, to include a disclaimer, to be available in languages other than English, and to include various information such as the definition of domestic violence and the statute of limitations for domestic violence. This bill would make these changes operative on January 1, 2025. Because this bill would expand an existing local program, it would impose a state-mandated local program.
Existing law establishes the Office of Emergency Services and makes it responsible for providing assistance such as financial, technical, and educational support, as specified, on the topic of domestic violence to local entities including domestic violence support centers and law enforcement.
This bill, commencing January 1, 2025, would
require the office to develop a model Victims of Domestic Violence card that can be modified by cities and counties. The bill would also require the office to publish on an internet website maintained by the office specified information and resources to assist victims of domestic violence, including, among other things, a summary of state mandatory arrest policies for domestic violence crimes.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known and may be cited as the Access to Domestic Violence Information for Survivor Empowerment (ADVISE) Act.(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 include a brief current and historical context on communities of color impacted by incarceration and violence, 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, who may include victims of domestic violence and people who have
committed domestic violence and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed domestic violence, including, but not limited to, utilizing the staff of domestic violence shelter-based programs 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.
(6)Criminal conduct that may be related to domestic violence, including, but not limited to, any of the following:
(A)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.
(B)False imprisonment, as defined in Section 236.
(C)Extortion, as defined in Section 518, and the use of fear, as described in Section 519.
(D)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.
(E)Stalking, as defined in Section 646.9, including by telephone or electronic communication.
(F)Nonconsensual pornography, as described in paragraph (4) of subdivision (j) of Section 647.
(7)The assessment of lethality or signs of lethal violence in domestic violence situations.
(8)The legal rights of, and remedies available to, victims of domestic violence.
(9)The use of an arrest by a private person in a domestic violence situation.
(10)Documentation, report writing, and evidence collection.
(11)Domestic violence diversion.
(12)Tenancy issues and domestic violence.
(13)The impact on children of law enforcement intervention in domestic violence.
(14)The services and facilities available to victims and batterers.
(15)The use and applications of this code in domestic violence situations.
(16)Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.
(17)Verification and enforcement of stay-away orders.
(18)Cite and release policies.
(19)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, 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.
(h)This section shall remain in effect until January 1, 2025, and as of that date is repealed.
SEC. 2.
Section 13519 of the Penal Code is amended to read:13519.
(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 include a brief current and historical context on communities of color impacted by incarceration and violence, 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, who may include victims of domestic violence and people who have committed domestic violence and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed domestic violence, including, but not limited to, utilizing the staff of domestic violence shelter-based programs 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.
(6) Criminal conduct that may be related to domestic violence, including, but not limited to, any of the following:
(A) 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.
(B) False imprisonment, as defined in Section 236.
(C) Extortion, as defined in Section 518, and the use of fear, as described in Section 519.
(D) 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.
(E) Stalking, as defined in Section 646.9, including by telephone or electronic communication.
(F) Nonconsensual pornography, as described in paragraph (4) of subdivision (j) of Section 647.
(7) The assessment of lethality or signs of lethal violence in domestic violence situations.
(8) The legal rights of, and remedies available to, victims of domestic violence.
(9) The use of an arrest by a private person in a domestic violence situation.
(10) Documentation, report writing, and evidence collection.
(11) Domestic violence diversion.
(12) Tenancy issues and domestic violence.
(13) The impact on children of law enforcement intervention in domestic violence.
(14) The services and facilities available to victims and batterers.
(15) The use and applications of this code in domestic violence situations.
(16) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.
(17) Verification and enforcement of stay-away orders.
(18) Cite and release policies.
(19) 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, 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.
(h) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
SEC. 3.
Section 13519 is added to the Penal Code, to read:13519.
(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 include a brief current and historical context on communities of color impacted by incarceration and violence, 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, who may include victims of domestic violence and people who have committed domestic violence and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed domestic violence, including, but not limited to, utilizing the staff of domestic violence shelter-based programs 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.
(6) Criminal conduct that may be related to domestic violence, including, but not limited to, any of the following:
(A) 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.
(B) False imprisonment, as defined in Section 236.
(C) Extortion, as defined in Section 518, and the use of fear, as described in Section 519.
(D) 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.
(E) Stalking, as defined in Section 646.9, including by telephone or electronic communication.
(F) Nonconsensual pornography, as described in paragraph (4) of subdivision (j) of Section 647.
(7) The assessment of lethality or signs of lethal violence in domestic violence situations.
(8) The legal rights of, and remedies available to, victims of domestic violence.
(9) The use of an arrest by a private person in a domestic violence situation.
(10) Documentation, report writing, and evidence collection.
(11) Domestic violence diversion.
(12) Tenancy issues and domestic violence.
(13) The impact on children of law enforcement intervention in domestic violence.
(14) The services
and facilities available to victims and batterers.
(15) The use and applications of this code in domestic violence situations.
(16) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.
(17) Verification and enforcement of stay-away orders.
(18) Cite and release policies.
(19) Emergency assistance to victims
and how to assist victims in pursuing criminal justice options.
(20) Issuance of Victims of Domestic Violence cards in accordance with subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701. This paragraph shall be implemented commencing with the next revision of the curriculum on or after January 1, 2025.
(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, 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.
(h) This section shall become operative on January 1, 2025.
SEC. 4.
Section 13701 of the Penal Code is amended to read:13701.
(a) Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls by January 1, 1986. These policies shall reflect that domestic violence is alleged criminal conduct. Further, they shall reflect existing policy that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred.(b) The written policies shall encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. These policies also shall require the arrest of an offender, absent exigent circumstances, if there is probable cause that a protective order issued under Chapter 4
(commencing with Section 2040) of Part 1 of Division 6, Division 10 (commencing with Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3 of Division 12, of the Family Code, or Section 136.2 of this code, or by a court of any other state, a commonwealth, territory, or insular possession subject to the jurisdiction of the United States, a military tribunal, or a tribe has been violated. These policies shall discourage, when appropriate, but not prohibit, dual arrests. Peace officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense. Notwithstanding
subdivision (d), law enforcement agencies shall develop these policies with the input of local domestic violence agencies.
(c) These existing local policies and those developed shall be in writing and shall be available to the public upon request and shall include specific standards for the following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite
and release policies.
(7) Emergency assistance to victims, such as medical care, transportation to a shelter or to a hospital for treatment when necessary, and police standbys for removing personal property and assistance in safe passage out of the victim’s residence.
(8) Assisting victims in pursuing criminal options, such as giving the victim the report number and directing the victim to the proper investigation unit.
(9) Furnishing written notice to victims at the scene, including, but not limited to, all of the following information:
(A) A statement informing the victim that despite official restraint of the person alleged to have committed domestic violence, the restrained person may be released at any time.
(B) A statement that, “For further information about a shelter you may contact ____.”
(C) A statement that, “For information about other services in the community, where available, you may contact ____.”
(D) A statement that, “For information about the California Victims’ Compensation Program, you may contact 1-800-777-9229.”
(E) A statement informing the victim of domestic violence that the victim may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the superior court and file a petition requesting any of the following orders for relief:
(i) An order restraining
the attacker from abusing the victim and other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so.
(vii) An order
directing the defendant to make specified debit payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate in counseling.
(G) A statement informing the victim of the right to file a civil suit for losses suffered as a result of the abuse, including medical expenses, loss of earnings, and other expenses for injuries sustained and damage to property, and any other related expenses incurred by the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of Section 243 or Section 261, 261.5, 273.5, 286, 287, or 289, or former Section 262 or 288a, a “Victims of Domestic Violence” card which shall include, but is not limited to, the following information:
(i) The names and phone numbers of or local county hotlines for, or both the phone numbers of and local county hotlines for, local shelters for victims of domestic violence and rape victim counseling centers within the county, including those centers specified in Section 13837, and their 24-hour counseling service telephone numbers.
(ii) A simple statement on the proper procedures for a victim to follow after a sexual assault.
(iii) A statement that sexual assault by a person who is known to the victim, including sexual assault by a person who is the spouse of the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who is known to the victim, including domestic violence or assault by a person who is the spouse of the victim, is a crime.
(I) A statement informing the victim that strangulation may cause internal injuries and encouraging the victim to seek medical attention.
(10) Writing of reports.
(d) In the development of these policies and standards, each local department is encouraged to consult with domestic violence experts, such as the staff of the local shelter for victims of domestic violence and their children. Departments may use the response guidelines developed by the commission in developing local policies.
(e) This section shall remain in effect until January 1, 2025, and as of that date is repealed.
SEC. 5.
Section 13701 is added to the Penal Code, to read:13701.
(a) Every law enforcement agency in this state shall develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls by January 1, 1986. These policies shall reflect that domestic violence is alleged criminal conduct. Further, they shall reflect existing policy that a request for assistance in a situation involving domestic violence is the same as any other request for assistance where violence has occurred.(b) The written policies shall encourage the arrest of domestic violence offenders if there is probable cause that an offense has been committed. These policies also shall require the arrest of an offender, absent exigent circumstances, if there is probable cause that a protective order issued
under Chapter 4 (commencing with Section 2040) of Part 1 of Division 6, Division 10 (commencing with Section 6200), or Chapter 6 (commencing with Section 7700) of Part 3 of Division 12, of the Family Code, or Section 136.2 of this code, or by a court of any other state, a commonwealth, territory, or insular possession subject to the jurisdiction of the United States, a military tribunal, or a tribe, has been violated. These policies shall discourage, when appropriate, but not prohibit, dual arrests. Peace officers shall make reasonable efforts to identify the dominant aggressor in any incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider the intent of the law to protect victims of domestic violence from continuing abuse, the threats creating fear of physical injury, the history of domestic violence between the persons involved, and whether either person acted in self-defense.
Notwithstanding subdivision (d), law enforcement agencies shall develop these policies with the input of local domestic violence agencies.
(c) These existing local policies and those developed shall be in writing and shall be available to the public upon request and shall include specific standards for the following:
(1) Felony arrests.
(2) Misdemeanor arrests.
(3) Use of citizen arrests.
(4) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.
(5) Verification and enforcement of stay-away orders.
(6) Cite and release policies.
(7) Emergency assistance to victims, such as medical care, transportation to a shelter or to a hospital for treatment when necessary, and police standbys for removing personal property and assistance in safe passage out of the victim’s residence.
(8) Assisting victims in pursuing criminal options, such as giving the victim the report number and directing the victim to the proper investigation unit.
(9) Furnishing written notice to victims at the scene, including, but not limited to, all of the following information:
(A) A statement informing the victim that despite official restraint of the person alleged to have committed domestic violence, the restrained person may be released at any time.
(B) A statement that, “For further information about a shelter you may contact ____.”
(C) A statement that, “For information about other services in the community, where available, you may contact ____.”
(D) A statement that, “For information about the California Victims’ Compensation Program, you may contact 1-800-777-9229.”
(E) A statement informing the victim of domestic violence that the victim may ask the district attorney to file a criminal complaint.
(F) A statement informing the victim of the right to go to the superior court and file a petition requesting any of the following orders for relief:
(i) An order restraining
the attacker from abusing the victim and other family members.
(ii) An order directing the attacker to leave the household.
(iii) An order preventing the attacker from entering the residence, school, business, or place of employment of the victim.
(iv) An order awarding the victim or the other parent custody of or visitation with a minor child or children.
(v) An order restraining the attacker from molesting or interfering with minor children in the custody of the victim.
(vi) An order directing the party not granted custody to pay support of minor children, if that party has a legal obligation to do so.
(vii) An order
directing the defendant to make specified debit payments coming due while the order is in effect.
(viii) An order directing that either or both parties participate in counseling.
(G) A statement informing the victim of the right to file a civil suit for losses suffered as a result of the abuse, including medical expenses, loss of earnings, and other expenses for injuries sustained and damage to property, and any other related expenses incurred by the victim or any agency that shelters the victim.
(H) In the case of an alleged violation of subdivision (e) of Section 243 or Section 261, 261.5, 273.5, 286, 287, or 289, or former Section 262 or 288a, a “Victims of Domestic Violence” card printed in a distinct color from any Victims’ Rights Card distributed pursuant to Section 679.08 and available in languages in addition
to English, including a minimum of the five most commonly spoken languages in that county. The Victims of Domestic Violence card shall include, but is not limited to, the following information:
(i) The names and phone numbers, including area code of, or local county hotlines for, or both the phone numbers of and local county hotlines for, local shelters for victims of domestic violence, agencies, and rape victim counseling centers within the county, including those centers specified in Section 13837, and their 24-hour counseling service telephone numbers. If the list of domestic violence shelter agencies is voluminous, the card may include an internet website, telephone number, or both that contains the full listing.
(ii) A simple statement on the proper procedures for a victim to follow after a sexual assault.
(iii) A statement that sexual assault by a person who is known to the victim, including sexual assault by a person who is the spouse of the victim, is a crime.
(iv) A statement that domestic violence or assault by a person who is known to the victim, including domestic violence or assault by a person who is the spouse of the victim, is a crime.
(v) The definition of domestic violence pursuant to subdivision (e) of Section 243 and Section 273.5.
(vi) The statute of limitations for domestic violence crimes.
(vii) A notation that the Office of Emergency Services internet website contains additional information about domestic violence, including information about how to file for a restraining or protective order and information on filing civil
suits related to domestic violence. The card shall include the internet address for the internet website developed pursuant to Section 13823.18.
(viii) Contact information for additional assistance, including, but not limited to, the National Domestic Violence Hotline and internet website.
(ix) A disclaimer in at least 10-point type that states:
“PLEASE NOTE THAT THIS INFORMATION IS PROVIDED IN AN ATTEMPT TO ASSIST THE VICTIM OF DOMESTIC VIOLENCE BY NOTIFYING THE VICTIM ABOUT SOME, BUT NOT NECESSARILY ALL, SERVICES AVAILABLE TO THE VICTIM; THE PROVISION OF THIS INFORMATION AND THE INFORMATION CONTAINED THEREIN IS NOT LEGAL ADVICE AND IS NOT INTENDED TO CONSTITUTE A GUARANTEE OF ANY VICTIM’S RIGHTS OR A VICTIM’S ELIGIBILITY OR ENTITLEMENT TO ANY SPECIFIC BENEFITS OR SERVICES.”
(I) A statement informing the victim that strangulation may cause internal injuries and encouraging the victim to seek medical attention.
(10) Writing of reports.
(d) In the development of these policies and standards, each local department is encouraged to consult with domestic violence experts, such as the staff of the local shelter for victims of domestic violence and their children. Departments may use the response guidelines developed by the commission in developing local policies.
(e) An act or omission covered by subparagraph (H) of this section is a discretionary act pursuant to Section 820.2 of the Government Code.
(f) This section shall become
operative on January 1, 2025.
SEC. 6.
Section 13823.18 is added to the Penal Code, to read:13823.18.
(a) The Office of Emergency Services shall post on the agency’s internet website, or on another internet website established for this purpose that is maintained by the office, information to assist victims of domestic violence with domestic violence law, the dynamics of victimization, and resources available to survivors of domestic violence. At a minimum, the internet website shall include:(1) An explanation of what constitutes domestic violence under California law, including how domestic violence is defined in subdivision (e) of Section 243, Section 273.5, and in Section 6203 of the Family Code, and significant differences between those sections.
(2) Information regarding
domestic violence shelter services available by county. This shall include, at a minimum, information about the shelter’s policy on accepting victims with children, pets, or both, and any applicable limitations. It may include a map feature. feature, but that map shall not include any confidential locations.
(3) The statute of limitations applicable to domestic violence crimes.
(4) Information about how to file a criminal complaint.
(5) A summary of state mandatory arrest policies for domestic violence crimes pursuant to subdivisions (c) and (d)
of Section 836 and how they are modified by the dominant aggressor concept.
(6) The availability of domestic violence restraining and protective orders and information about how to obtain them.
(7) The impact of domestic violence on child custody and spousal support in civil court.
(8) Consequences of domestic violence and stalking-related restraining and protective orders and convictions in terms of the perpetrator’s ability to own and possess firearms.
(9) The availability of federal U visas, their effect, and procedures to obtain them.
(10) The impact of domestic violence on children who witness it.
(11) Contact
information for additional assistance, including, but not limited to, the National Domestic Violence Hotline and internet website.
(12) Resources available to domestic violence victims who are part of the gay, lesbian, bisexual, and transgender community.
(13) Dynamics of domestic violence.
(14) A summary of possible civil remedies available in domestic violence-related cases, including the applicable statutes of limitation.
(15) Services available to Native American victims of domestic violence occurring on tribal lands or a link to where this information may be found.
(16) A summary of the Safe at Home Program, as established pursuant to Section 6205 of the Government Code.
(17) Any additional information that the office determines would help victims of domestic violence understand their rights, available services, and applicable laws and legal procedures.
(b) The office may include on the internet website, in addition to the textual information required pursuant to subdivision (a), embedded video features that discuss the information described in subdivision (a), including advice on how to safely escape a violent relationship, survivors’ stories, or a combination of those topics.
(c) The information specified in subdivision (a) shall use plain language, be culturally competent, and be searchable. The information shall be translated into languages in addition to English, as determined by the department, including a minimum of the five most commonly spoken languages in California. If any
embedded videos are included in the internet website pursuant to subdivision (b), they shall also be available in not less than five languages or in English with subtitles available in each of those languages.
(d) The office may consult with stakeholders, including representatives of organizations that support crime victims, experts in the dynamics of domestic violence, experts in domestic violence law, district attorneys, shelter service providers, and law enforcement agencies in developing the information specified in subdivisions (a) and (b).
(e) The office shall ensure that the information on the internet website is accurate and updated not less than once per year. With regard to the information required pursuant to paragraph (2) of subdivision (a), the office may rely on information provided to it by the shelter provider at least once annually and is not required to
independently verify all of the information provided.
(f) The office shall encourage district attorneys’ offices, county social service agencies, and state and local law enforcement agencies to provide links to the internet website established pursuant to this section on their internet websites.
(g) The office shall develop a model Victims of Domestic Violence card that can be modified by cities and counties in compliance with the requirements of Section 13701.
(h) This section shall become operative on January 1, 2025.
