(a)
(1)On or before January 1, 2027, every law enforcement and prosecutorial agency shall maintain a policy requiring a peace officer or prosecuting attorney who initiates a formal interview to gather evidence related to a law enforcement incident resulting in a person’s death or serious bodily injury caused by a peace officer to adhere to the requirements in paragraph (2).
(2)Before any initial formal interview with an immediate family member of the person killed or seriously injured, or upon confirming the relationship as an immediate family member, the peace officer or prosecuting attorney shall:
(A)Clearly identify themselves by providing their full
name and the name of the agency by which they are employed. If the interview takes place in person, they shall also display a b
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(a)
(1)
On or before January 1, 2027, every law enforcement and prosecutorial agency shall maintain a policy requiring a peace officer or prosecuting attorney who initiates a formal interview to gather evidence related to a law enforcement incident resulting in a person’s death or serious bodily injury caused by a peace officer to adhere to the requirements in paragraph (2).
(2)
Before any initial formal interview with an immediate family member of the person killed or seriously injured, or upon confirming the relationship as an immediate family member, the peace officer or prosecuting attorney shall:
(A)
Clearly identify themselves by providing their full
name and the name of the agency by which they are employed. If the interview takes place in person, they shall also display a business card, official badge, or other form of official identification.
(B)
Inform the person of the status of their family member, if known, including whether the family member has been killed or seriously injured by law enforcement.
(C)
Inform the person that they are conducting a formal interview for the purposes of an investigation that may or may not involve an assessment of the conduct of the person that was killed or injured.
(D)
Inform the person that they can have a trusted support person with them. If the family member is asked to go to a station for a formal interview, inform the family member that they have a choice to come to the station and can have a trusted support person with
them.
(b)
No peace officer or prosecuting attorney shall employ threats or deception, including knowingly using false information, fabricated evidence, or misleading statements, to coerce an interview or when conducting any interview subject to this section.
(c)
Subdivision (a) shall not apply under the following circumstances:
(1)
When a reasonable officer believes that delay would result in the loss or destruction of evidence or pose an imminent threat to public safety.
(2)
When the immediate family member has received advisements substantially equivalent to those required by this section or under Miranda v. Arizona (1966) 384 U.S. 436.
(d)
For purposes of this section, the following
terms shall apply:
(1)
“Formal” means an interview conducted in person or via secure remote communication, including, but not limited to, video or audio conferencing, designed to elicit specific, material information about an incident and documented through written, audio, or video records.
(2)
“Immediate family member” means a person known by the officer at the time of the interview to be a spouse, parent, grandparent, brother, sister, or child or grandchild related by blood, marriage, or adoption of the person who was killed or injured.
(3)
“Law enforcement agency” means any department or agency of the state or any local government, special district, or other political subdivision thereof that employs any peace officer, as described in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code.
(4)
“Prosecutorial agency” means a district attorney, city attorney, or other governmental entity responsible for the prosecution of crimes.
(5)
“Serious bodily injury” has the same meaning as in paragraph (4) of subdivision (f) of Section 243 of the Penal Code.
(6)
“Support person” means an individual selected by the immediate family member to provide moral and emotional support, provided the support person is not a percipient witness to or person of interest or suspect in the incident involving the individual who was killed or seriously injured by police. No certification, training, or other special qualification is required for an individual to act as a support person.