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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3021Introduced by Assembly Member KalraFebruary 16, 2024 An act to add Section 13654 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 3021, as introduced, Kalra. Criminal procedure: interrogations.Existing law prohibits the prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant from interviewing, questioning, or speaking to a victim or witness whose name has been disclosed by the defendant pursuant to existing law without first clearly identifying themself and identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution or the defendant. Under existing law, if an interview takes place in person, the party is also required to show the victim or witness a business card, official badge, or other form of official identification before commencing the interview or questioning.This bill would require a peace officer, as defined, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing a family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themself, if the interview takes place in person, to show identification, and to state specified information, including that the family member has the right to ask about the status of their family member prior to answering questions, has the right to remain silent, and before speaking with the interviewer, can consult with a trusted person and can have that person with them while they speak to the interviewer. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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 13654 is added to the Penal Code, to read:13654. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with a family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following:(a) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning.(b) State all of the following to the person being interviewed, questioned, or interrogated:(1) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions.(2) You are not being detained. You may leave at any time. You are not required to be taken to the police station.(3) You do not have to talk to the police. You have the right to remain silent.(4) Anything you say can be used as evidence in civil or criminal court.(5) You have the right to refuse to be recorded, photographed, or searched.(6) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil attorney, or legal advocate, and you can have that person with you while you speak to the police.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. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 3021Introduced by Assembly Member KalraFebruary 16, 2024 An act to add Section 13654 to the Penal Code, relating to criminal procedure. LEGISLATIVE COUNSEL'S DIGESTAB 3021, as introduced, Kalra. Criminal procedure: interrogations.Existing law prohibits the prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant from interviewing, questioning, or speaking to a victim or witness whose name has been disclosed by the defendant pursuant to existing law without first clearly identifying themself and identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution or the defendant. Under existing law, if an interview takes place in person, the party is also required to show the victim or witness a business card, official badge, or other form of official identification before commencing the interview or questioning.This bill would require a peace officer, as defined, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing a family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themself, if the interview takes place in person, to show identification, and to state specified information, including that the family member has the right to ask about the status of their family member prior to answering questions, has the right to remain silent, and before speaking with the interviewer, can consult with a trusted person and can have that person with them while they speak to the interviewer. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly May 09, 2024 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly May 09, 2024 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 3021 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member KalraFebruary 16, 2024 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Kalra | |
| 18 | 18 | February 16, 2024 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 13654 to the Penal Code, relating to criminal procedure. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 3021, as | |
| 26 | + | AB 3021, as introduced, Kalra. Criminal procedure: interrogations. | |
| 27 | 27 | ||
| 28 | - | Existing law prohibits the prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant from interviewing, questioning, or speaking to a victim or witness whose name has been disclosed by the defendant pursuant to existing law without first clearly identifying themself and identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution or the defendant. Under existing law, if an interview takes place in person, the party is also required to show the victim or witness a business card, official badge, or other form of official identification before commencing the interview or questioning.This bill would require a peace officer, as defined, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing a | |
| 28 | + | Existing law prohibits the prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant from interviewing, questioning, or speaking to a victim or witness whose name has been disclosed by the defendant pursuant to existing law without first clearly identifying themself and identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution or the defendant. Under existing law, if an interview takes place in person, the party is also required to show the victim or witness a business card, official badge, or other form of official identification before commencing the interview or questioning.This bill would require a peace officer, as defined, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing a family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themself, if the interview takes place in person, to show identification, and to state specified information, including that the family member has the right to ask about the status of their family member prior to answering questions, has the right to remain silent, and before speaking with the interviewer, can consult with a trusted person and can have that person with them while they speak to the interviewer. By increasing duties on local law enforcement, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. | |
| 29 | 29 | ||
| 30 | 30 | Existing law prohibits the prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant from interviewing, questioning, or speaking to a victim or witness whose name has been disclosed by the defendant pursuant to existing law without first clearly identifying themself and identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution or the defendant. Under existing law, if an interview takes place in person, the party is also required to show the victim or witness a business card, official badge, or other form of official identification before commencing the interview or questioning. | |
| 31 | 31 | ||
| 32 | - | This bill would require a peace officer, as defined, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing a | |
| 32 | + | This bill would require a peace officer, as defined, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing a family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themself, if the interview takes place in person, to show identification, and to state specified information, including that the family member has the right to ask about the status of their family member prior to answering questions, has the right to remain silent, and before speaking with the interviewer, can consult with a trusted person and can have that person with them while they speak to the interviewer. By increasing duties on local law enforcement, this bill would impose a state-mandated local program. | |
| 33 | 33 | ||
| 34 | 34 | 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. | |
| 35 | 35 | ||
| 36 | 36 | 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. | |
| 37 | 37 | ||
| 38 | 38 | ## Digest Key | |
| 39 | 39 | ||
| 40 | 40 | ## Bill Text | |
| 41 | 41 | ||
| 42 | - | The people of the State of California do enact as follows:SECTION 1. Section 13654 is added to the Penal Code, to read:13654. | |
| 42 | + | The people of the State of California do enact as follows:SECTION 1. Section 13654 is added to the Penal Code, to read:13654. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with a family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following:(a) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning.(b) State all of the following to the person being interviewed, questioned, or interrogated:(1) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions.(2) You are not being detained. You may leave at any time. You are not required to be taken to the police station.(3) You do not have to talk to the police. You have the right to remain silent.(4) Anything you say can be used as evidence in civil or criminal court.(5) You have the right to refuse to be recorded, photographed, or searched.(6) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil attorney, or legal advocate, and you can have that person with you while you speak to the police.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. | |
| 43 | 43 | ||
| 44 | 44 | The people of the State of California do enact as follows: | |
| 45 | 45 | ||
| 46 | 46 | ## The people of the State of California do enact as follows: | |
| 47 | 47 | ||
| 48 | - | SECTION 1. Section 13654 is added to the Penal Code, to read:13654. | |
| 48 | + | SECTION 1. Section 13654 is added to the Penal Code, to read:13654. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with a family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following:(a) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning.(b) State all of the following to the person being interviewed, questioned, or interrogated:(1) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions.(2) You are not being detained. You may leave at any time. You are not required to be taken to the police station.(3) You do not have to talk to the police. You have the right to remain silent.(4) Anything you say can be used as evidence in civil or criminal court.(5) You have the right to refuse to be recorded, photographed, or searched.(6) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil attorney, or legal advocate, and you can have that person with you while you speak to the police. | |
| 49 | 49 | ||
| 50 | 50 | SECTION 1. Section 13654 is added to the Penal Code, to read: | |
| 51 | 51 | ||
| 52 | 52 | ### SECTION 1. | |
| 53 | 53 | ||
| 54 | - | 13654. | |
| 54 | + | 13654. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with a family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following:(a) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning.(b) State all of the following to the person being interviewed, questioned, or interrogated:(1) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions.(2) You are not being detained. You may leave at any time. You are not required to be taken to the police station.(3) You do not have to talk to the police. You have the right to remain silent.(4) Anything you say can be used as evidence in civil or criminal court.(5) You have the right to refuse to be recorded, photographed, or searched.(6) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil attorney, or legal advocate, and you can have that person with you while you speak to the police. | |
| 55 | 55 | ||
| 56 | - | 13654. | |
| 56 | + | 13654. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with a family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following:(a) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning.(b) State all of the following to the person being interviewed, questioned, or interrogated:(1) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions.(2) You are not being detained. You may leave at any time. You are not required to be taken to the police station.(3) You do not have to talk to the police. You have the right to remain silent.(4) Anything you say can be used as evidence in civil or criminal court.(5) You have the right to refuse to be recorded, photographed, or searched.(6) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil attorney, or legal advocate, and you can have that person with you while you speak to the police. | |
| 57 | 57 | ||
| 58 | - | 13654. | |
| 58 | + | 13654. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with a family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following:(a) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning.(b) State all of the following to the person being interviewed, questioned, or interrogated:(1) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions.(2) You are not being detained. You may leave at any time. You are not required to be taken to the police station.(3) You do not have to talk to the police. You have the right to remain silent.(4) Anything you say can be used as evidence in civil or criminal court.(5) You have the right to refuse to be recorded, photographed, or searched.(6) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil attorney, or legal advocate, and you can have that person with you while you speak to the police. | |
| 59 | 59 | ||
| 60 | 60 | ||
| 61 | 61 | ||
| 62 | - | 13654. | |
| 62 | + | 13654. A peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a prosecuting attorney, or an investigator for the prosecution, prior to commencing any interview, questioning, or interrogation by law enforcement, regardless of whether they are in a police station, with a family member of a person who has been killed or seriously injured by a peace officer, shall do both of the following: | |
| 63 | 63 | ||
| 64 | - | (a) | |
| 64 | + | (a) Clearly identify themself, identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution. If the interview takes place in person, the party shall also show the person a business card, official badge, or other form of official identification before commencing the interview or questioning. | |
| 65 | 65 | ||
| 66 | + | (b) State all of the following to the person being interviewed, questioned, or interrogated: | |
| 66 | 67 | ||
| 68 | + | (1) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions. | |
| 67 | 69 | ||
| 68 | - | ( | |
| 70 | + | (2) You are not being detained. You may leave at any time. You are not required to be taken to the police station. | |
| 69 | 71 | ||
| 70 | - | ( | |
| 72 | + | (3) You do not have to talk to the police. You have the right to remain silent. | |
| 71 | 73 | ||
| 74 | + | (4) Anything you say can be used as evidence in civil or criminal court. | |
| 72 | 75 | ||
| 76 | + | (5) You have the right to refuse to be recorded, photographed, or searched. | |
| 73 | 77 | ||
| 74 | - | (2) Clearly state the essence of all of the following to the person being interviewed, questioned, or interrogated: | |
| 75 | - | ||
| 76 | - | (1) | |
| 77 | - | ||
| 78 | - | ||
| 79 | - | ||
| 80 | - | (A) You have the right to ask about the status of your family member prior to answering any questions, and that information is not conditional on answering any questions. | |
| 81 | - | ||
| 82 | - | (2) | |
| 83 | - | ||
| 84 | - | ||
| 85 | - | ||
| 86 | - | (B) You are not being detained. You may leave at any time. You are not required to be taken to the police station. station. If you are detained at a later time, you will receive a Miranda warning. | |
| 87 | - | ||
| 88 | - | (3) | |
| 89 | - | ||
| 90 | - | ||
| 91 | - | ||
| 92 | - | (C) You do not have to talk to the police. You have the right to remain silent. | |
| 93 | - | ||
| 94 | - | (4) | |
| 95 | - | ||
| 96 | - | ||
| 97 | - | ||
| 98 | - | (D) Anything you say can be used as evidence in civil or criminal court. | |
| 99 | - | ||
| 100 | - | (5) | |
| 101 | - | ||
| 102 | - | ||
| 103 | - | ||
| 104 | - | (E) You have the right to refuse to be recorded, photographed, or searched. | |
| 105 | - | ||
| 106 | - | (6) | |
| 107 | - | ||
| 108 | - | ||
| 109 | - | ||
| 110 | - | (F) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil an attorney, or a legal advocate, and you can have that person with you while you speak to the police. | |
| 111 | - | ||
| 112 | - | (b) For purposes of this section, immediate family means the victims spouse, domestic partner, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption. | |
| 78 | + | (6) Before speaking with law enforcement, the prosecution, or an investigator, you can consult with a trusted support person, civil attorney, or legal advocate, and you can have that person with you while you speak to the police. | |
| 113 | 79 | ||
| 114 | 80 | 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. | |
| 115 | 81 | ||
| 116 | 82 | 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. | |
| 117 | 83 | ||
| 118 | 84 | 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. | |
| 119 | 85 | ||
| 120 | 86 | ### SEC. 2. |