CA SB 989

Title: Domestic violence: deaths.
Author: Angelique V. Ashby

Summary
SB 989, as amended, Ashby. Domestic violence: deaths. (1) Existing law generally prohibits a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a postmortem examination or autopsy, from being made or disseminated. Existing law authorizes the use of a copy, reproduction, or facsimile described above in specified circumstances, including for use in a potential civil action if the coroner receives written authorization from a legal heir or representative of that person before the civil action is filed or while the action is pending. Existing law requires the identity of the legal heir to be verified by, including other things, a declaration under the penalty of perjury that the individual is a legal heir or representative of the deceased person.This bill would additionally authorize a family member of the deceased, as defined, to provide the coroner with written authorization for use or potential use of a copy, reproduction, or facsimile described above in a civil action or proceeding that relates to the death of that person. The bill would also require the identity of the family member to be verified as described above. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.(2) Existing law requires the coroner to inquire into and determine the circumstances, manner, and cause of certain deaths, including all known or suspected homicides, suicides, or accidental poisonings.This bill would specify the above-described suicides to include suicides where the deceased has a history of being victimized by domestic violence. The bill would authorize the coroner, if the circumstances surrounding a death known or suspected as due to suicide afford a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, to conduct the inquiry in consultation with a board-certified forensic pathologist, as specified.(3) Existing law requires a coroner to investigate deaths that occurred under specified conditions, including without medical attendance, to ascertain as many of the facts as possible. Existing law makes willful infliction of corporal injury resulting in a traumatic condition on specified persons, such as a spouse, former spouse, or someone with whom an individual has or had a dating relationship, among others, a crime and provides enhanced resources for the prosecution of those crimes.This bill would require law enforcement officers, prior to making findings as to the manner and cause of death of a deceased individual, to do specified actions during the investigation, including interview family members of the decedent regarding whether the deceased had been victimized by domestic violence. The bill would authorize a law enforcement officer to request a complete autopsy be conducted in a case where they determined the decedent had an identifiable history of being victimized by domestic violence, as defined, and specified conditions are present, including that the decedent died prematurely. If the investigating agency determines that the cause of death was not related to homicide, a family member of the decedent may request an independent review of the findings of a local law enforcement agency be made by another law enforcement agency in the county. The bill would also require sworn law enforcement personnel investigating a case where the decedent had an identifiable history of being victimized by domestic violence be current on their training related to domestic violence incidents. By requiring specific investigatory steps be taken by law enforcement agencies, this bill would create a state-mandated local program.(4) Existing law requires the Commission on Peace Officer Standards and Training (POST) to implement a course or courses of i

Status
Read second time and amended. Re-referred to Com. on APPR.

Bill Documents
CA SB 989 - 04/25/24 - Amended Senate
04/25/24 - CA SB 989 (04/25/24 - Amended Senate)