| 1 | | - | Senate Bill No. 1268 CHAPTER 227 An act to add Section 679.09 to the Penal Code, relating to victims of crime. [ Approved by Governor August 29, 2022. Filed with Secretary of State August 29, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 1268, 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 parent or guardian of a minor whose death is being investigated to be provided specified information relating to the investigation, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would require, if the parent or guardian is not located, this information to be provided upon request to the victims immediate family, as defined. The bill would not require disclosure of information under these provisions if that disclosure would jeopardize or otherwise allow an individual to interfere with the ongoing investigation, as specified. The bill would authorize law enforcement agencies providing this information to require any family member receiving that information to confirm their identity through a certified declaration. The bill would make any person who knowingly or willingly makes a false certification punishable by an infraction. By increasing the duties of local law enforcement agencies and by creating a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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 bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located:(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 the 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) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide 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.(c) 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.(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.(f) 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. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 1 | + | Enrolled August 10, 2022 Passed IN Senate August 08, 2022 Passed IN Assembly June 29, 2022 Amended IN Assembly June 02, 2022 Amended IN Senate April 07, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 1268Introduced by Senator Caballero(Coauthor: Senator Wiener)February 18, 2022 An act to add Section 679.09 to the Penal Code, relating to victims of crime. LEGISLATIVE COUNSEL'S DIGESTSB 1268, 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 parent or guardian of a minor whose death is being investigated to be provided specified information relating to the investigation, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would require, if the parent or guardian is not located, this information to be provided upon request to the victims immediate family, as defined. The bill would not require disclosure of information under these provisions if that disclosure would jeopardize or otherwise allow an individual to interfere with the ongoing investigation, as specified. The bill would authorize law enforcement agencies providing this information to require any family member receiving that information to confirm their identity through a certified declaration. The bill would make any person who knowingly or willingly makes a false certification punishable by an infraction. By increasing the duties of local law enforcement agencies and by creating a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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 bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located:(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 the 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) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide 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.(c) 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.(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.(f) 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. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | SB 1268, Caballero. Victims of crime: family access to information. |
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| 20 | 31 | | |
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| 21 | 32 | | 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 parent or guardian of a minor whose death is being investigated to be provided specified information relating to the investigation, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would require, if the parent or guardian is not located, this information to be provided upon request to the victims immediate family, as defined. The bill would not require disclosure of information under these provisions if that disclosure would jeopardize or otherwise allow an individual to interfere with the ongoing investigation, as specified. The bill would authorize law enforcement agencies providing this information to require any family member receiving that information to confirm their identity through a certified declaration. The bill would make any person who knowingly or willingly makes a false certification punishable by an infraction. By increasing the duties of local law enforcement agencies and by creating a new crime, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 22 | 33 | | |
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| 23 | 34 | | 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. |
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| 24 | 35 | | |
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| 25 | 36 | | This bill would require the parent or guardian of a minor whose death is being investigated to be provided specified information relating to the investigation, including the name and contact information of the investigating officers, and access to personal affects, as specified. The bill would require, if the parent or guardian is not located, this information to be provided upon request to the victims immediate family, as defined. The bill would not require disclosure of information under these provisions if that disclosure would jeopardize or otherwise allow an individual to interfere with the ongoing investigation, as specified. The bill would authorize law enforcement agencies providing this information to require any family member receiving that information to confirm their identity through a certified declaration. The bill would make any person who knowingly or willingly makes a false certification punishable by an infraction. By increasing the duties of local law enforcement agencies and by creating a new crime, the bill would impose a state-mandated local program. |
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| 26 | 37 | | |
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| 27 | 38 | | 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. |
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| 28 | 39 | | |
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| 29 | 40 | | This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. |
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| 30 | 41 | | |
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| 31 | 42 | | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 32 | 43 | | |
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| 33 | 44 | | ## Digest Key |
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| 34 | 45 | | |
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| 35 | 46 | | ## Bill Text |
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| 36 | 47 | | |
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| 37 | 48 | | 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 bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located:(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 the 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) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide 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.(c) 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.(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.(f) 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. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 38 | 49 | | |
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| 39 | 50 | | The people of the State of California do enact as follows: |
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| 40 | 51 | | |
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| 41 | 52 | | ## The people of the State of California do enact as follows: |
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| 42 | 53 | | |
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| 43 | 54 | | 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 bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located:(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 the 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) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide 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.(c) 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.(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.(f) 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. |
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| 44 | 55 | | |
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| 45 | 56 | | SECTION 1. Section 679.09 is added to the Penal Code, to read: |
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| 46 | 57 | | |
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| 47 | 58 | | ### SECTION 1. |
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| 48 | 59 | | |
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| 49 | 60 | | 679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located:(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 the 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) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide 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.(c) 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.(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.(f) 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. |
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| 50 | 61 | | |
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| 51 | 62 | | 679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located:(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 the 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) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide 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.(c) 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.(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.(f) 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. |
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| 52 | 63 | | |
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| 53 | 64 | | 679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located:(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 the 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) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide 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.(c) 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.(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.(f) 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. |
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| 54 | 65 | | |
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| 55 | 66 | | |
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| 56 | 67 | | |
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| 57 | 68 | | 679.09. (a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victims parent or guardian, with the following information, if and when the parent or guardian are located: |
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| 58 | 69 | | |
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| 59 | 70 | | (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. |
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| 60 | 71 | | |
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| 61 | 72 | | (2) The case number referencing the investigation, if applicable. |
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| 62 | 73 | | |
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| 63 | 74 | | (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 the 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. |
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| 64 | 75 | | |
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| 65 | 76 | | (4) Information regarding the status of the investigation, at the discretion of the law enforcement agency. |
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| 66 | 77 | | |
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| 67 | 78 | | (b) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victims immediate family, at their request, with the following information: |
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| 68 | 79 | | |
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| 69 | 80 | | (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. |
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| 70 | 81 | | |
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| 71 | 82 | | (2) The case number referencing the investigation, if applicable. |
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| 72 | 83 | | |
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| 73 | 84 | | (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. |
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| 74 | 85 | | |
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| 75 | 86 | | (4) Information regarding the status of the investigation, at the discretion of the law enforcement agency. |
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| 76 | 87 | | |
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| 77 | 88 | | (c) 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. |
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| 78 | 89 | | |
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| 79 | 90 | | (d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family. |
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| 80 | 91 | | |
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| 81 | 92 | | (e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction. |
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| 82 | 93 | | |
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| 83 | 94 | | (f) 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. |
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| 84 | 95 | | |
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| 85 | 96 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 86 | 97 | | |
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| 87 | 98 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 88 | 99 | | |
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| 89 | 100 | | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 XIIIB of the California Constitution. |
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| 90 | 101 | | |
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| 91 | 102 | | ### SEC. 2. |
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| 92 | 103 | | |
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| 93 | 104 | | However, if the Commission on State Mandates determines that this act contains other 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. |
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