This text of California § 679.07. (679.07. (Added by Stats. 2024, Ch. 654, Sec. 4.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)Prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and in the presence of three or more factors listed in subdivision (b), law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence.
(b)Law enforcement investigators may request a complete autopsy, pursuant to Section 27521 of the Government Code, in a case where they have determined there is an identifiable history of being victimized by domestic violence
and any of the following conditions are present:
(1)The decedent died prematurely or in an untimely manner.
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(a)
Prior to making any findings as to the manner and cause of death of a deceased individual with an identifiable history of being victimized by domestic violence, and in the presence of three or more factors listed in subdivision (b), law enforcement investigators shall interview family members, such as parents, siblings, or other close friends or relatives of the decedent with relevant information regarding that history of domestic violence.
(b)
Law enforcement investigators may request a complete autopsy, pursuant to Section 27521 of the Government Code, in a case where they have determined there is an identifiable history of being victimized by domestic violence
and any of the following conditions are present:
(1)
The decedent died prematurely or in an untimely manner.
(2)
The scene of the death gives the appearance of death due to suicide or accident.
(3)
One partner wanted to end the relationship.
(4)
There is a history of being victimized by domestic violence that includes coercive control.
(5)
The decedent is found dead in a home or place of residence.
(6)
The decedent is found by a current or previous partner.
(7)
There is a history of
being victimized by domestic violence that includes strangulation or suffocation.
(8)
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.
(9)
The partner had control of the scene before law enforcement arrived.
(10)
The body of the decedent has been moved or the scene or other evidence is altered in some way.
(c)
Sworn law enforcement personnel investigating a death where it has been determined that the decedent has an identifiable history of being victimized by domestic violence shall be current in their training related to domestic violence incidents,
including training required pursuant to Section 13519.
(d)
During the pendency of the investigation and any review,
family members shall have access to all victim services and support provided under this title.
(e)
In the event that a local law enforcement agency makes a finding that the death is not a homicide and closes the case, family members or their legal counsel shall have the right to request any and all records of the investigation currently available under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(f)
This section does not require local law enforcement agencies to compromise an existing or open investigation and does not preempt the discretion provided to local law enforcement agencies in the investigation of death cases. This section does not impose any additional liability on a local law
enforcement agency for its investigation of existing cases or its investigative conclusions in those cases.
(g)
For the purposes of this section, the following definitions shall apply:
(1)
“Domestic violence” has the same meaning as used in Section 6211 of the Family Code.
(2)
“Identifiable history of being victimized by domestic violence” means demonstrable past incidents of being victimized by domestic violence that may be verified by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of such incidents.
(3)
“Partner” means a spouse, former
spouse, cohabitant, former cohabitant, fiance, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.