AB 15: Open unsolved homicide: review and reinvestigation.

Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Existing law also defines manslaughter as the unlawful killing of a human being without malice, and establishes 3 kinds of manslaughter: voluntary, involuntary, and vehicular.

This bill would require a law enforcement agency to review the casefile regarding an open unsolved homicide upon written application by certain persons to determine if a reinvestigation would result in probative investigative leads, as specified. The bill would define a homicide to include murder and manslaughter and an open unsolved homicide as a homicide committed after January 1, 1990, but no less than 3 years prior to the date of the application for case review, that was investigated by a law enforcement agency, for which all probative investigative leads have been exhausted and for which no suspect has been identified. If the review determines that a reinvestigation would result in probative investigative leads, this bill would require a reinvestigation, as specified. The bill would allow only one reinvestigation from being undertaken at any one time with respect to the same victim.

By imposing new duties on local law enforcement agencies, 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.