AB 2119: Criminal procedure: gender bias in sexual assault and domestic violence investigations.

24198.

(a) The State Department of Public Health, in collaboration with the California Victim Compensation Board, the Office of Emergency Services, and victim advocacy organizations shall develop materials to educate the public that all genders may be the victim of sexual assault and domestic violence, that all genders may perpetrate sexual assault and domestic violence, and that all genders have equal rights to safety, shelter, and legal protections and remedies.

(b) These materials shall be distributed statewide via television and radio public service announcements, social media and internet platforms, and printed materials at public health offices, hospitals, schools, public transit centers, and county offices.

313.6.

(a) Every victim of sexual assault or domestic violence has the right to a fair, unbiased, and complete investigation by law enforcement and the collection of all relevant evidence by law enforcement regardless of the victim’s gender, gender identity or expression, sexual orientation, age, race or ethnicity, disability, immigration status, or relationship to the alleged perpetrator. enforcement.

(b) (1) Except as provided in paragraph (2), in the course of an investigation of sexual assault, law enforcement shall not question or imply that a victim’s physiological sexual response constitutes consent or undermines their credibility.

(2) Paragraph (1) does not apply to a district attorney, their deputy, or other prosecutor investigating a complaint of sexual assault.

(c) Every alleged perpetrator of sexual assault or domestic violence has the right to equal treatment under the law regardless of gender identity or expression.

(d) (1) Except as provided in paragraph (2), a victim may request that a district attorney reinvestigate a complaint of sexual assault or domestic violence within 60 days after making the initial report to law enforcement.

(2) Notwithstanding paragraph (1), a victim who reported a sexual assault or act of domestic violence on or after January 1, 2020, but before January 1, 2027, may request a reinvestigation pursuant to paragraph (1) at any time.

(e) This section applies to acts of sexual assault and domestic violence committed on or after January 1, 2020.

313.62.313.61.

(a) Each district attorney shall establish and maintain an internal process for reviewing and investigating reported cases of sexual assault or domestic violence, with or without an arrest, that includes all of the following:

(1) An independent investigation of the case, not conducted by the initial investigating agency.

(2) An evaluation of any evidence that the alleged perpetrator violated Section 115, paragraph (1) of subdivision (a) of Section 148, or Section 148.5 or 148.9.

(3) A report to the victim explaining the decision whether or not to bring criminal accusations and which accusations to allege.

(b) In determining whether or not to bring criminal allegations in a case of sexual assault or domestic violence, a prosecutor shall not rely solely upon the report of the initial investigating agency.

422.875.

Each state and local law enforcement agency shall adopt a Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence policy that shall comply with the guidelines and practices provided in the Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence publication issued by the Department of Justice in 2022.

13516.

(a) The commission shall prepare guidelines establishing standard procedures which may be followed by police agencies in the investigation of sexual assault cases, and cases involving the sexual exploitation or sexual abuse of children, including, police response to, and treatment of, victims of these crimes. Those guidelines shall include all of the following:

(1) Trauma-informed methods for responding to victims, regardless of gender.

(2) Gender-neutral or gender-inclusive language, as determined by the victim in report documentation.

(3) Best practices for bias prevention.

(b) The course of training leading to the basic certificate issued by the commission shall, on and after July 1, 1977, include adequate instruction in the procedures described in subdivision (a). No reimbursement shall be made to local agencies based on attendance on or after that date at any course which does not comply with the requirements of this subdivision.

(c) The commission shall prepare and implement a course for the training of specialists in the investigation of sexual assault cases, child sexual exploitation cases, and child sexual abuse cases. Officers assigned to investigation duties which include the handling of cases involving the sexual exploitation or sexual abuse of children, shall successfully complete that training within six months of the date the assignment was made.

(d) It is the intent of the Legislature in the enactment of this section to encourage the establishment of sex crime investigation units in police agencies throughout the state, which units shall include, but not be limited to, investigating crimes involving the sexual exploitation and sexual abuse of children.

(e) It is the further intent of the Legislature in the enactment of this section to encourage the establishment of investigation guidelines that take into consideration the sensitive nature of the sexual exploitation and sexual abuse of children with respect to both the accused and the alleged victim.

13519.

(a) The commission shall implement by January 1, 1986, a course or courses of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and also shall develop guidelines for law enforcement response to domestic violence. The course or courses of instruction and the guidelines shall include a brief current and historical context on communities of color impacted by incarceration and violence, enforcement of criminal laws in domestic violence situations, availability of civil remedies and community resources, and protection of the victim. If appropriate, the training presenters shall include domestic violence experts, who may include victims of domestic violence and people who have committed domestic violence and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed domestic violence, including, but not limited to, utilizing the staff of domestic violence shelter-based programs in the presentation of training.

(b) As used in this section, “law enforcement officer” means any officer or employee of a local police department or sheriff’s office, a peace officer of the Department of Parks and Recreation, as defined in subdivision (f) of Section 830.2, a peace officer of the University of California Police Department, as defined in subdivision (b) of Section 830.2, a peace officer of the California State University Police Departments, as defined in subdivision (c) of Section 830.2, a peace officer, as defined in subdivision (d) of Section 830.31, or a peace officer as defined in subdivisions (a) and (b) of Section 830.32.

(c) The course of basic training for law enforcement officers shall include adequate instruction in the procedures and techniques described below:

(1) The provisions set forth in Title 5 (commencing with Section 13700) relating to response, enforcement of court orders, and data collection.

(2) The legal duties imposed on peace officers to make arrests and offer protection and assistance including guidelines for making felony and misdemeanor arrests.

(3) Techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. These techniques shall include, but are not limited to, the following:

(A) Methods for ensuring victim interviews occur in a venue separate from the alleged perpetrator and with appropriate sound barriers to prevent the conversation from being overheard.

(B) Questions for the victim, including, but not limited to, the following:

(i) Whether the victim would like a followup visit to provide needed support or resources.

(ii) Information on obtaining a gun violence restraining order and a protective order described in Section 6218 of the Family Code.

(C) A verbal review of the resources available for victims outlined on the written notice provided pursuant to paragraph (9) of subdivision (c) of Section 13701.

(4) The nature and extent of domestic violence.

(5) The signs of domestic violence.

(6) Criminal conduct that may be related to domestic violence, including, but not limited to, any of the following:

(A) Coercion, as described in paragraph (1) of subdivision (h) of Section 236.1, for purposes of committing or impeding the investigation or prosecution of domestic violence.

(B) False imprisonment, as defined in Section 236.

(C) Extortion, as defined in Section 518, and the use of fear, as described in Section 519.

(D) Identity theft, as defined in Section 530.5, impersonation through an internet website or by other electronic means, as defined in Section 528.5, false personation, as defined in Section 530, receiving money or property as a result of false personation, and mail theft.

(E) Stalking, as defined in Section 646.9, including by telephone or electronic communication.

(F) Nonconsensual pornography, as described in paragraph (4) of subdivision (j) of Section 647.

(7) The assessment of lethality or signs of lethal violence in domestic violence situations.

(8) The legal rights of, and remedies available to, victims of domestic violence.

(9) The use of an arrest by a private person in a domestic violence situation.

(10) Documentation, report writing, and evidence collection.

(11) Domestic violence diversion.

(12) Tenancy issues and domestic violence.

(13) The impact on children of law enforcement intervention in domestic violence.

(14) The services and facilities available to victims and batterers.

(15) The use and applications of this code in domestic violence situations.

(16) Verification and enforcement of temporary restraining orders when (A) the suspect is present and (B) the suspect has fled.

(17) Verification and enforcement of stay-away orders.

(18) Cite and release policies.

(19) Emergency assistance to victims and how to assist victims in pursuing criminal justice options.

(20) Trauma-informed methods for responding to victims, regardless of gender.

(21) Gender-neutral or gender-inclusive language, as determined by the victim, in report documentation.

(22) Best practices for bias prevention.

(d) The guidelines developed by the commission shall also incorporate the factors described in subdivision (c), and the following procedures and techniques:

(1) Identification and detection of staged crime scenes.

(2) Working with a multidisciplinary team in the handling of domestic violence cases.

(3) Indicators of domestic homicide in suspicious death cases, including all of the following:

(A) The decedent died prematurely or in an untimely manner.

(B) The scene of the death gives the appearance of death due to suicide or accident.

(C) One partner wanted to end the relationship.

(D) There is a history of being victimized by domestic violence that includes coercive control.

(E) The decedent is found dead in a home or place of residence.

(F) The decedent is found by a current or previous partner.

(G) There is a history of being victimized by domestic violence that includes strangulation or suffocation.

(H) The current or previous partner of the decedent, or child of the decedent or the decedent’s current or previous partner, is the last to see the decedent alive.

(I) The partner had control of the scene before law enforcement arrived.

(J) The body of the decedent has been moved or the scene or other evidence is altered in some way.

(e) Local law enforcement agencies are encouraged to include, as a part of their advanced officer training program, periodic updates and training on domestic violence. The commission shall assist where possible.

(f) (1) The course of instruction, the learning and performance objectives, the standards for the training, and the guidelines shall be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of domestic violence. The groups and individuals shall include, but shall not be limited to, the following: one representative each from the California Peace Officers’ Association, the Peace Officers Research Association of California, the State Bar of California, the California Women Lawyers, and the Commission on the Status of Women and Girls; two representatives from the commission; two representatives from the California Partnership to End Domestic Violence; two peace officers, recommended by the commission, who are experienced in the provision of domestic violence training; two domestic violence experts, recommended by the California Partnership to End Domestic Violence, who are experienced in the provision of direct services to victims of domestic violence; and at least one representative of service providers serving the lesbian, gay, bisexual, and transgender community in connection with domestic violence. At least one of the persons selected shall be a former victim of domestic violence; one representative of an organization working to advance criminal justice reform; and one representative of an organization working to advance racial justice.

(2) The commission, in consultation with these groups and individuals, shall review existing training programs to determine in what ways domestic violence training might be included as a part of ongoing programs.

(g) Each law enforcement officer below the rank of supervisor who is assigned to patrol duties and would normally respond to domestic violence calls or incidents of domestic violence shall complete, every two years, an updated course of instruction on domestic violence that is developed according to the standards and guidelines developed pursuant to subdivisions (a) and (d). The instruction required pursuant to this subdivision shall be funded from existing resources available for the training required pursuant to this section. It is the intent of the Legislature not to increase the annual training costs of local government entities.

13519.17.

The commission shall prepare a course of instruction on gender bias and law enforcement response to reports of sexual assault and domestic violence. The course shall adhere to the guidance provided in the Identifying and Preventing Gender Bias in Law Enforcement Response to Sexual Assault and Domestic Violence publication issued by the Department of Justice in 2022.