CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1268Introduced by Senator CaballeroFebruary 18, 2022 An act to add Section 679.09 to the Penal Code, relating to victims of crime. LEGISLATIVE COUNSEL'S DIGESTSB 1268, as introduced, Caballero. Victims of crime: family access to information.Existing law establishes rights of victims and witnesses of crimes, including the right of the parents or guardians of a minor victim to be notified of all sentencing proceedings and parole eligibility hearings and to have their statements considered.This bill would require the immediate family, as defined, of a minor whose death is being investigated to be provided specified information relating to the investigation, if so requested, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would not require disclosure of information under these provisions to family members who are suspects or persons of interest in the death of the minor. By increasing the duties of local law enforcement agencies, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 679.09 is added to the Penal Code, to read:679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that initiates or bears the primary responsibility for the investigation shall provided the victims immediate family, at their request, with the following information:(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.(2) The case number referencing the investigation, if applicable.(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victims personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victims personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.(b) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victims immediate family.(c) This section does not apply when a member of the immediate family is a suspect, or person of interest, in the death of the minor.(d) For the purposes of this section, immediate family means the victims spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and 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.
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1268Introduced by Senator CaballeroFebruary 18, 2022 An act to add Section 679.09 to the Penal Code, relating to victims of crime. LEGISLATIVE COUNSEL'S DIGESTSB 1268, as introduced, Caballero. Victims of crime: family access to information.Existing law establishes rights of victims and witnesses of crimes, including the right of the parents or guardians of a minor victim to be notified of all sentencing proceedings and parole eligibility hearings and to have their statements considered.This bill would require the immediate family, as defined, of a minor whose death is being investigated to be provided specified information relating to the investigation, if so requested, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would not require disclosure of information under these provisions to family members who are suspects or persons of interest in the death of the minor. By increasing the duties of local law enforcement agencies, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Senate Bill
No. 1268
Introduced by Senator CaballeroFebruary 18, 2022
Introduced by Senator Caballero
February 18, 2022
An act to add Section 679.09 to the Penal Code, relating to victims of crime.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1268, as introduced, Caballero. Victims of crime: family access to information.
Existing law establishes rights of victims and witnesses of crimes, including the right of the parents or guardians of a minor victim to be notified of all sentencing proceedings and parole eligibility hearings and to have their statements considered.This bill would require the immediate family, as defined, of a minor whose death is being investigated to be provided specified information relating to the investigation, if so requested, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would not require disclosure of information under these provisions to family members who are suspects or persons of interest in the death of the minor. By increasing the duties of local law enforcement agencies, the 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.
Existing law establishes rights of victims and witnesses of crimes, including the right of the parents or guardians of a minor victim to be notified of all sentencing proceedings and parole eligibility hearings and to have their statements considered.
This bill would require the immediate family, as defined, of a minor whose death is being investigated to be provided specified information relating to the investigation, if so requested, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would not require disclosure of information under these provisions to family members who are suspects or persons of interest in the death of the minor. By increasing the duties of local law enforcement agencies, the 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 679.09 is added to the Penal Code, to read:679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that initiates or bears the primary responsibility for the investigation shall provided the victims immediate family, at their request, with the following information:(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.(2) The case number referencing the investigation, if applicable.(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victims personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victims personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.(b) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victims immediate family.(c) This section does not apply when a member of the immediate family is a suspect, or person of interest, in the death of the minor.(d) For the purposes of this section, immediate family means the victims spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 679.09 is added to the Penal Code, to read:679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that initiates or bears the primary responsibility for the investigation shall provided the victims immediate family, at their request, with the following information:(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.(2) The case number referencing the investigation, if applicable.(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victims personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victims personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.(b) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victims immediate family.(c) This section does not apply when a member of the immediate family is a suspect, or person of interest, in the death of the minor.(d) For the purposes of this section, immediate family means the victims spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
SECTION 1. Section 679.09 is added to the Penal Code, to read:
### SECTION 1.
679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that initiates or bears the primary responsibility for the investigation shall provided the victims immediate family, at their request, with the following information:(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.(2) The case number referencing the investigation, if applicable.(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victims personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victims personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.(b) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victims immediate family.(c) This section does not apply when a member of the immediate family is a suspect, or person of interest, in the death of the minor.(d) For the purposes of this section, immediate family means the victims spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that initiates or bears the primary responsibility for the investigation shall provided the victims immediate family, at their request, with the following information:(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.(2) The case number referencing the investigation, if applicable.(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victims personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victims personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.(b) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victims immediate family.(c) This section does not apply when a member of the immediate family is a suspect, or person of interest, in the death of the minor.(d) For the purposes of this section, immediate family means the victims spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that initiates or bears the primary responsibility for the investigation shall provided the victims immediate family, at their request, with the following information:(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.(2) The case number referencing the investigation, if applicable.(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victims personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victims personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.(b) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victims immediate family.(c) This section does not apply when a member of the immediate family is a suspect, or person of interest, in the death of the minor.(d) For the purposes of this section, immediate family means the victims spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that initiates or bears the primary responsibility for the investigation shall provided the victims immediate family, at their request, with the following information:
(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.
(2) The case number referencing the investigation, if applicable.
(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victims personal effects collected pursuant to Section 27491.3 of the Government Code. The list of victims personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.
(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.
(b) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victims immediate family.
(c) This section does not apply when a member of the immediate family is a suspect, or person of interest, in the death of the minor.
(d) For the purposes of this section, immediate family means the victims spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and 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.
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.
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.
### SEC. 2.