(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 with an identifiable history of being victimized by domestic violence and under specified conditions, to interview family members of the decedent, as specified. 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. 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 instruction and guidelines for law enforcement response to domestic violence. Existing law requires the course of basic training to include adequate instruction in specified procedures and techniques, including techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. Existing law requires the guidelines for law enforcement response to incorporate those procedures and techniques.

This bill would require the guidelines for law enforcement under the above-described provisions to include specified indicators of domestic homicide in suspicious death cases and the identification and detection of staged crime scenes.

(5)The bill would make findings and declarations relating to these provisions.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(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 with an identifiable history of being victimized by domestic violence and under specified conditions, to interview family members of the decedent, as specified. 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. 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 instruction and guidelines for law enforcement response to domestic violence. Existing law requires the course of basic training to include adequate instruction in specified procedures and techniques, including techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. Existing law requires the guidelines for law enforcement response to incorporate those procedures and techniques.

This bill would require the guidelines for law enforcement under the above-described provisions to include specified indicators of domestic homicide in suspicious death cases and the identification and detection of staged crime scenes.

(5)The bill would make findings and declarations relating to these provisions.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(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 with an identifiable history of being victimized by domestic violence and under specified conditions, to interview family members of the decedent, as specified. 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. 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 instruction and guidelines for law enforcement response to domestic violence. Existing law requires the course of basic training to include adequate instruction in specified procedures and techniques, including techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim. Existing law requires the guidelines for law enforcement response to incorporate those procedures and techniques.

This bill would require the training provided to guidelines for law enforcement under the above-described provisions to include specified indicators of domestic homicide in suspicious death cases and the identification and detection of staged crime scenes.

(5)The bill would make findings and declarations relating to these provisions.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(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. individual with an identifiable history of being victimized by domestic violence and under specified conditions, to interview family members of the decedent, as specified. 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 instruction and guidelines for law enforcement response to domestic violence. Existing law requires the course of basic training to include adequate instruction in specified procedures and techniques, including techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim.

This bill would require the training provided to law enforcement under the above-described provisions to include specified indicators of domestic homicide in suspicious death cases and the identification and detection of staged crime scenes.

(5)The bill would make findings and declarations relating to these provisions.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(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, member of the deceased, as defined, in a case where there is an identifiable history of being victimized by domestic violence, 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 instruction and guidelines for law enforcement response to domestic violence. Existing law requires the course of basic training to include adequate instruction in specified procedures and techniques, including techniques for handling incidents of domestic violence that minimize the likelihood of injury to the officer and that promote the safety of the victim.

This bill would require the training provided to law enforcement under the above-described provisions to include specified indicators of domestic homicide in suspicious death cases and the identification and detection of staged crime scenes.

(5)The bill would make findings and declarations relating to these provisions.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(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, as defined, in a case where there is an identifiable history of being victimized by domestic violence, 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 that a death where there is an identifiable history of domestic violence, as defined, be presumed suspicious for the purposes of investigation, scene documentation, coroner evaluation, and interviews of witnesses. The 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 to be interviewed prior to any findings being made as to the manner and cause of death. regarding whether the deceased had been victimized by domestic violence. The bill would require that authorize a law enforcement officer to request a complete autopsy be conducted where there is in a case where they determined the decedent had an identifiable history of being victimized by domestic violence 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.

(5)The bill would make findings and declarations relating to these provisions.

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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law authorizes a court to issue a restraining order to a person to prevent abuse, as specified, based on reasonable proof of a past act or acts of abuse. Existing law authorizes the order to be issued solely on the affidavit or testimony of the person requesting the restraining order.

This bill would make technical, nonsubstantive changes to this provision.

 UNFINISHED BUSINESS  

Bill No: SB 989

Author: Ashby (D) and Rubio (D), et al.

Amended: 8/22/24

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/16/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Wahab

NO VOTE RECORDED: Seyarto

SENATE FLOOR: 36-0, 5/23/24

AYES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

NO VOTE RECORDED: Allen, Archuleta, Dodd, Newman

ASSEMBLY FLOOR: 77-0, 8/26/24 - See last page for vote

SUBJECT: Domestic violence: deaths

SOURCE: Alliance for HOPE International

DIGEST:

This bill 1) authorizes family members of a deceased individual to obtain copies of photos and other specified media related to the body of the individual for use in a civil action, as specified; 2) specifies that coroners must inquire into and determine the circumstances, manner and cause of death in suicides where the individual has a history of being victimized by domestic violence, as specified; 3) requires law enforcement officers, prior to making findings as to the cause of death of a deceased individual with an identifiable history of domestic violence to interview family members, as specified; 4) authorizes law enforcement to request a complete autopsy in cases where the decedent had a history of being victimized by domestic violence; 5) requires domestic violence guidelines developed by POST for law enforcement to include specified indicators of domestic homicide in suspicious death cases.

Assembly Amendments

provide that indicators of domestic homicide in suspicious death cases shall be included in POST guidelines regarding domestic violence, rather than in POST training regarding domestic violence.

ANALYSIS:

Existing law:

1. Defines domestic violence as abuse perpetrated against any of the following persons:
   1. A spouse or former spouse.
   2. A cohabitant or former cohabitant, as defined.
   3. A person with whom the respondent is having or has had a dating or engagement relationship.
   4. A person with whom the respondent has had a child, as specified.
   5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified.
   6. Any other person related by consanguinity or affinity within the second degree. (Family Code § 6211.)
2. Provides that regardless of when it was made, 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 post mortem examination or autopsy, shall not be made or disseminated except as follows:
   1. For use in a criminal action or proceeding in this state that relates to the death of that person.
   2. As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
   3. For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if the coroner receives written authorization from the legal heir or representative of the deceased or if a subpoena is issued by a party who is legal heir or representative of the deceased person in a pending civil action. (Code of Civil Procedure, §129, subd. (a), (c).)
3. Requires that all of the following shall be provided to the coroner in order to verify the identity of the legal heir or representative:
   1. A declaration under penalty of perjury that the individual is the legal heir or representative of the deceased.
   2. A valid form of identification.
   3. A certified death certificate. ((Code of Civil Procedure, §129, subd. (a)(3)(A).)
4. Provides that the above restriction does not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation. (Code of Civil Procedure, §129, subd. (b).)
5. Requires coroners to determine the manner, circumstances and cause of death in various specified circumstances, including violent, sudden, unusual or deaths, known or suspected homicide, suicide or accidental poisoning, and deaths in whole or in part occasioned by criminal means, among others. (Gov. Code, § 27491.)
6. Requires the coroner or a deputy to sign the certificate of death when they perform a mandatory inquiry. (Gov. Code, § 27491, subd. (a).)
7. Allows the coroner or medical examiner discretion when determining the extent of the inquiry required to determine the manner, circumstances and cause of death. (Gov. Code, § 27491, subd. (b).)
8. Provides that in all cases in which a person has died under circumstances that afford a reasonable ground to suspect that the person’s death has been occasioned by the act of another by criminal means, the coroner, upon determining that those reasonable grounds exist, shall immediately notify the law enforcement agency having jurisdiction over the criminal investigation, as specified. (Gov. Code, § 27491.1)
9. Provides that the cause of death appearing on a certificate of death signed by the coroner shall be in conformity with facts ascertained from inquiry, autopsy and other scientific findings, and prohibits the coroner from finally excluding crime, suicide or accident as a cause of death because of lack of evidence. (Gov. Code, § 27491.5.)
10. Requires the coroner or medical examiner to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has not already been performed. (Gov. Code, § 27520, subd. (a).)
11. Allows the coroner or medical examiner discretion to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has already been performed. (Gov. Code, § 27520, subd. (b).)
12. Authorizes counties to establish interagency domestic violence death review teams to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. (Pen. Code § 11163.3.)
13. States that the content of a death certificate must include, among other things, personal data of the decedent, date of death, place of death, disease or conditions leading directly to death and antecedent causes, accident and injury information, and information regarding pregnancy. (Health & Saf. Code, § 102875.)
14. Requires a physician and surgeon, physician assistant, funeral director, or other person to notify the coroner when they have knowledge that a death occurred, or if they have charge of a body in which death occurred under certain specified conditions. (Health & Saf. Code, § 102850.)
15. Requires an attending physician’s certificate be completed within 15 hours of death, or, if a coroner examined the body, within three days after examination of the body. (Health & Saf. Code, § 102800.)
16. Requires the Commission on Peace Officer Standards and training (POST) to implement a course of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and enforcement, and to develop related guidelines for law enforcement response to domestic violence, both of which must include specified topics related to domestic violence. (Pen. Code, § 13519, subds. (a), (c).)
17. Requires 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. (Pen. Code, § 13519, subds. (g).)

This bill:

1. Authorizes family members of a deceased individual who was subject to an autopsy to submit a written request to the coroner to obtain copies, reproductions, or facsimiles of photos and other media related to the body of the deceased for use in a civil action, provided that they provide a written declaration and other identity verification to the coroner.
2. Defines “family member” for the purposes of the above provision to include a parent, sibling or child of the deceased.
3. Provides that it is a duty of the coroner to inquire into and determine the circumstances, manner, and cause of all deaths known or suspected as due to suicide where the deceased has a history of being victimized by domestic violence.
4. Provides that, 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, the coroner may conduct the inquiry in consultation with a board-certified pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, prior to making any findings as to the manner and cause of a deceased individual with an identifiable history of domestic violence, and in the presence of 3 or more factors listed in point (6) below) to interview family members, including next of kin, parents, siblings, or other close relatives of the decedent who possess relevant information regarding that history of domestic violence.
6. Permits law enforcement investigators to request a complete autopsy in a case where they have determined that there is an identifiable history of 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 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 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.
7. Requires sworn law enforcement personnel investigating a death where it has been determined that the decedent has an identifiable history of domestic violence shall be current in their training related to domestic violence incidents.
8. Provides that, during the pendency of the investigation under the above provision or any subsequent independent review, family members shall have access to all victim services and support provided under Title 17 of Part 1 of the Penal Code.
9. Provides that, in the event that a local law enforcement agency makes a finding that a death is not a homicide under point (7) above 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.
10. Provides that the provisions of this bill do 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; and that they do not impose any additional liability on a local law enforcement agency for its investigation of existing cases or its investigative conclusions in those cases.
11. Defines the following terms:
    1. “Identifiable history of domestic violence” means demonstrable past incidents of being victimized by violence that may be verified by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates such incidents.
    2. “Partner” means a spouse, former spouse, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.
    3. “Domestic violence” has the same meaning as used in the Domestic Violence Protection Act
12. Adds, to the guidelines developed by POST for law enforcement response to domestic violence complaints, the indicators of domestic homicide in point (6) above.

Comments

According to the Author, “SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases. Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies. SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced.”

Under existing law, it is the duty of the county coroner to inquire into and determine the circumstances, manner and cause of deaths that occur within their jurisdiction, including violent, sudden or unusual deaths, unattended deaths, known or suspected homicide, suicide or accidental poisoning, deaths from or related to injury or accident, and death in whole or in part occasioned by criminal means, among others. Existing law also authorizes the coroner to perform an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means. The coroner is required to perform an autopsy if the surviving spouse requests them to do so in writing. If there is no surviving spouse, that right devolves to a surviving parent or child, and subsequently, if there is no surviving parent or child, to the next of kin.

This bill specifies that in addition to apparent suicides, coroners must inquire into and determine the circumstances, manner and cause of death in suicides where the deceased has a history of being victimized by domestic violence, and 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 domestic violence, authorizes the coroner to conduct the inquiry in consultation with a board-certified forensic pathologist.

Additionally, this bill requires law enforcement investigators, when investigating a death where the decedent has an identifiable history of domestic violence, to interview family members, as specified, regarding that history of domestic violence. If the victim has such a history, this bill authorizes them to request a complete autopsy from the coroner, provided one of several specified indicators of domestic homicide is also present. In the event that law enforcement investigators make a finding that the death was not a homicide and close the case, this bill authorizes the family of the decedent to request any and all records of the investigation currently available under the California Public Records Act. Finally, this bill adds guidelines regarding various indicators of domestic homicide listed above to the domestic violence guidelines mandated under existing law and provided by POST.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee:

1. Costs (local funds, General Fund) of an unknown but potentially significant amount to law enforcement agencies in increased workload. This bill requires investigators to conduct additional interviews when investigating cases where the decedent has a history as a victim of domestic violence, and requires that any sworn law enforcement personnel working on such a case be current on required domestic violence training. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
2. Costs (local funds, General Fund) of an unknown but potentially significant amount to county coroners to complete additional autopsies at the request of law enforcement investigators and provide access to records to newly eligible family members of decedents. The bill is likely to increase workload to coroners, but it is unclear whether the bill would require reimbursement by the state for this increased workload because the bill does not directly require a coroner to conduct an autopsy requested by a law enforcement investigator. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
3. Minor and absorbable costs to the Commission on Peace Officer Standards and Training to incorporate the required material on domestic violence into its existing basic course of training.
4. To the extent this bill leads to identification of more homicides that would otherwise be attributed to another cause of death, the bill will result in significant cost pressures (Trial Court Trust Fund, General Fund) to the courts and California Department of Corrections and Rehabilitation to adjudicate criminal charges and incarcerate people convicted of homicide.

SUPPORT: (Verified 8/27/24)

Alliance for HOPE International (source)

Academy of Forensic Nursing

California District Attorneys Association

California Professional Firefighters

California Sexual Assault Forensic Examiner Association

Chino Police Department

County of San Diego

Forensic Behavioral Services Inc.

Junior Leagues of California State Public Affairs Committee

Peace Officers’ Research Association of California

San Diego County District Attorney’s Office

San Francisco Safehouse

Training Institute on Strangulation Prevention

Voices Survivor Advocacy Network

2 individuals

OPPOSITION: (Verified 8/27/24)

None received

ASSEMBLY FLOOR: 77-0, 8/26/24

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Cervantes, Ortega

Prepared by: Alex Barnett / PUB. S. /

8/27/24 13:16:35

**** END ****

SENATE THIRD READING

STR Bill Id:SB 989

Author:(Ashby and Rubio)

As Amended Ver:August 22, 2024

Majority vote

SUMMARY

Authorizes families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified.

Major Provisions

1. Provides that in addition to a legal heir or representative, a family member in a case where there is an identifiable history of domestic violence against the deceased may submit written authorization to the coroner to receive a copy, reproduction, facsimile of image or video recording for use or potential use in a civil action or proceeding that relates to the death of that person.
2. Requires the family member, in order to receive the copy of the image or video, to submit to the coroner a declaration under penalty of perjury that they are a family member of the deceased, a valid form of identification, and a certified death certificate.
3. Clarifies that it is the duty of the coroner to investigate suicide, including suicide where the deceased has a history of domestic violence.
4. Provides that 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, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, 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 specified factors, to 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.
6. Authorizes law enforcement investigators to request a complete autopsy, as specified, 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; or
   10. The body of the decedent has been moved or the scene or other evidence is altered in some way.
7. Adds to the guidelines POST must develop for the handling of domestic violence complaints all the following:
   1. Identification and detection of staged crime scenes;
   2. Working with a multidisciplinary team in the handling of domestic violence cases; and,
   3. The indicators of domestic homicide in suspicious death cases listed above.
8. Requires 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 to be current in their training related to domestic violence incidents, as specified.
9. Provides that, during the pendency of the investigation and any review, family members shall have access to all victim services and support, as specified.
10. Provides that, 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.
11. Specifies that the provisions of this bill do 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.
12. Defines "identifiable history of domestic violence" as 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.
13. Defines the term "partner" for the purposes of its provisions as a spouse, former spouse, cohabitant, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent's child.

COMMENTS

According to the Author

According to the author, "SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.

"Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.

"SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced."

Arguments in Support

According to the Alliance for Hope International, "Suspicious death cases where there is a history of domestic violence have been referred to as "hidden homicides" in recent groundbreaking work by Dr. Jane Monckton Smith in the United Kingdom (UK). Dr. Smith's newest research estimates that in the UK (with a population of 38 million) there are 100-130 hidden homicides per year (Smith, 2019). In the United States (US), we refer to these cases as "staged crime scene" cases and experts are estimating there could be 800 – 1,200 "hidden homicides" in this country each year – the vast majority involving murdered women and no accountability for their killers (Turner-Little, 2022; Turvey, 2022).

"These cases occur when a perpetrator of domestic violence kills his partner and then stages the scene to look like a suicide or an accident, avoiding accountability for murder. Crime scene staging research has found that most offenders who stage crime scenes are male, most victims are female, and the most common victim-offender relationship involving staging is intimate partner relationships (Turvey, 2016). Until recently, there has been no comprehensive, specialized training conference in the US with this focus. In collaboration with the U.S. Department of Justice, the Alliance now hosts such a course entitled: "Hidden Homicides: The Challenges of Staged Crime Scenes."

"While the staging of crime scenes has been happening for hundreds of years, the rise in domestic violence homicides and the rise in staged crime scenes both call for a focus on this issue (Hazelwood-Napier, 2016). Based on the cases the Alliance has handled in recent years, law enforcement is failing domestic violence homicide victims in California and across the US and the numbers of cases are not small. Our expert team believes hundreds of murders are being misidentified as suicides and/or accidents.

"The gaps and challenges with this emerging issue are on full display in the death of Joanna Hunter Lewis in Vacaville, California in 2009. Joanna Hunter was married to an abusive husband with a long history of domestic violence. Nevertheless, when Joanna was found hanging by her bathrobe belt in 2009 in the master bedroom closet of the home she shared with her husband, the case was quickly closed as a "suicide." Joanna died so young. She was at the time trying to leave her husband. She had experienced a history of domestic violence including strangulation assault. Her husband was the last person to see her alive. Her husband had access to her body before the police arrived. And the evidence indicated that the scene had been altered before the police arrived. No autopsy was conducted, and no homicide investigation was done. The case was closed with little scrutiny by local law enforcement.

"Several years after Joanna's death, her husband was arrested and prosecuted for attempting to firebomb the home of his girlfriend after she attempted to end the relationship. Similar factors present in Joanna's case also existed with his new girlfriend. He served eight years in a California prison. Not until Joanna's mother Patricia reached out to the Sacramento Regional Family Justice Center for counseling was any actual review done of Joanna's case by and independent investigate team at The Justice Project, a program of San Diego-based Alliance for HOPE International. Our multi-disciplinary forensic team subsequently concluded that Joanna's death was likely a staged crime scene and opined that Joanna was murdered in 2009.

"Sadly, Joanna's case is not unique. NBC's Dateline recently featured the work of the Alliance's forensic team in the case of Stacy Feldman in Denver, Colorado who died in 2015. At the time, investigators and the medical examiner's office ruled her manner of death was "undetermined". Her husband claimed she died after a fall in a bathtub. In Stacy's case, the Justice Project Forensic team was able to successfully reopen her case after it was closed for two years. The Justice Project Team was fortunate to work with a committed homicide detective from the Denver Police Department who was suspicious that Stacy's death was a murder but lacked the training and expertise to analyze the evidence. Our collaboration ultimately led to the conviction of Robert Feldman for the murder of Stacy Feldman (even after the case had been ruled as "undetermined" cause of death). Since the exposure on Dateline, the Alliance has been approached by a host of families asking for help in cases where a loved one died, and authorities concluded the death was an accident or a suicide in the face of overwhelming evidence of a staged crime scene with a long history of DV.

"Seasoned investigators, medical examiners, and prosecutors can be misdirected by killers and erroneously find highly suspicious cases were suicides, accidents, or undetermined cause of death cases. In fact, Vernon Geberth, one of the leading experts in the field, believes there are seven major mistakes investigators make during a suicide investigation (Geberth, 2013). Strangulation cases, whether fatal or non-fatal, are easy to miss due to the lack of external visible injury (Gill, 2003). A victim of domestic violence can be strangled to death without any visible external injuries. Then, the killer can place a ligature around her neck and make it appear to be a suicide. Without a complete autopsy, forensic evidence can be lost even if the case is later determined to be suspicious. It is common for the victim's partner to seek an immediate cremation, destroying potential forensic evidence which could be discovered in an autopsy.

"The failure of law enforcement professionals to thoroughly investigate death cases, particularly in marginalized communities, with victims lacking privilege or status, and often with victims of color, has been recently documented in the work around missing or murdered indigenous persons by the U.S. Department of Justice. The rush to close cases and the failure to adequately investigate the history of the relationship often colors and biases the investigation. The Alliance has identified ten factors that point to a homicide rather than suicide or accident in intimate partner violence cases:

1. Victim dies prematurely;
2. The scene is made to appear like a suicide or accident scene;
3. One partner wanted to end the relationship;
4. There is a prior history of domestic violence with the current or previous partner;
5. The victim is found dead at home;
6. The victim is found by current or previous partner;
7. The prior identifiable history of domestic violence includes strangulation/suffocation;
8. The victim's partner or former partner is the last to see the victim alive;
9. The partner has control of the crime scene before the police arrive, and
10. The crime scene has been altered in some way.

References: Bitton, Dayan, 2019(#1-6); Glass, Campbell, et al, 2008(#6); Parker, 2009(#8-9); Geberth, 2010(#10); Training Institute on Strangulation Prevention, Case Studies (2022).

"We have also identified lack of training as a key challenge. Most death investigators do not have specialized training in DV and do not work in a multi-disciplinary team (MDT). Most forensic medical examiners have not been trained in the dynamics of DV and often rely on the investigation by law enforcement to help determine the manner of death. Untrained investigators may be quick to call a case a suicide and not complete a comprehensive investigation. They may also fail to check for a prior DV history, talk to family members, conduct a post lethality risk assessment, or adequately assess suicidal ideation. FBI expert Mark Safarik, in People v. Jackson, 221 Cal.App.4th 1222 (2013), testified that "extensive staging is suggestive of someone who knows the victim. Staging is done to confuse the police because they know they are the logical suspect."

"Legislators across the US have also called for better investigations. "Ensuring that the proper steps and procedures are taken at the scene of that death to reassure family members that the death was a natural one, a suicide or a homicide is a key element in maintaining citizen confidence in local officials. How local death investigations do their job is crucial to family Adkins, National Conference of State Legislators (2011). But no state has yet passed a law to ensure adequate investigations in these cases. California now has the chance to create a law that will be a model for the rest of the country.

"SB 989 provides key tools in the effort to better investigate suspicious death cases in California where there is a prior history of domestic violence. Congress has already recognized this important issue by enacting federal legislation entitled, The Homicide Victims' Families Rights Act (Public Law 117-164 (2022)). This bi-partisan, new federal law provides legal remedies and administrative processes for unsolved homicides to be reevaluated and re-investigated with independent investigators once families can provide evidence of an incomplete investigation. During congressional hearings, surviving family members of homicide victims spoke regularly about being ignored, disenfranchised, and not even interviewed during investigations into the suspicious deaths of their loved ones. Federal law, however, only applies in federal cases and on property under federal jurisdiction. It provides no assistance to California families dealing with similar cases. SB 989 will incorporate federal law into California law and provide a clear vehicle for independent case review when families need immediate assistance.

"With the passage of SB 989, California will create a national model statute that can and will be replicated in other states. It will ensure the voices and rights of family members dealing with the tragic death of a loved one will be heard and honored. It will also provide access to records when formal investigations are concluded to allow family members to seek an independent review of previous findings. SB 989 will help equip and support professionals across California in the handling of staged crime scene death cases where there is a history of DV.

"The murder of a DV victim is the ultimate robbery of hope – the inability to ever experience healing, autonomy, agency, and a future free of violence. SB 989 can reduce the failures of law enforcement professionals in the handling of suspicious death cases where there is a prior history of DV. We welcome the opportunity to address one of the greatest failures in the California criminal justice system today – letting domestic violence offenders get away with murder."

Arguments in Opposition

No longer applicable.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs (local funds, General Fund) of an unknown but potentially significant amount to law enforcement agencies in increased workload. This bill requires investigators to conduct additional interviews when investigating cases where the decedent has a history as a victim of domestic violence, and requires that any sworn law enforcement personnel working on such a case be current on required domestic violence training. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
2. Costs (local funds, General Fund) of an unknown but potentially significant amount to county coroners to complete additional autopsies at the request of law enforcement investigators and provide access to records to newly eligible family members of decedents. The bill is likely to increase workload to coroners, but it is unclear whether the bill would require reimbursement by the state for this increased workload because the bill does not directly require a coroner to conduct an autopsy requested by a law enforcement investigator. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
3. Minor and absorbable costs to the Commission on Peace Officer Standards and Training to incorporate the required material on domestic violence into its existing basic course of training.
4. To the extent this bill leads to identification of more homicides that would otherwise be attributed to another cause of death, the bill will result in significant cost pressures (Trial Court Trust Fund, General Fund) to the courts and California Department of Corrections and Rehabilitation to adjudicate criminal charges and incarcerate people convicted of homicide.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

SENATE FLOOR: 36-0-4

YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Archuleta, Dodd, Newman

ASM PUBLIC SAFETY: 7-0-1

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Zbur

ABS, ABST OR NV: Wilson

ASM JUDICIARY: 11-0-1

YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Sanchez

ABS, ABST OR NV: Joe Patterson

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: August 22, 2024

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0004521

SENATE THIRD READING

STR Bill Id:SB 989

Author:(Ashby and Rubio)

As Amended Ver:May 20, 2024

Majority vote

SUMMARY

Authorizes families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified.

Major Provisions

1. Provides that in addition to a legal heir or representative, a family member in a case where there is an identifiable history of domestic violence against the deceased may submit written authorization to the coroner to receive a copy, reproduction, facsimile of image or video recording for use or potential use in a civil action or proceeding that relates to the death of that person.
2. Requires the family member, in order to receive the copy of the image or video, to submit to the coroner a declaration under penalty of perjury that they are a family member of the deceased, a valid form of identification, and a certified death certificate.
3. Clarifies that it is the duty of the coroner to investigate suicide, including suicide where the deceased has a history of domestic violence.
4. Provides that 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, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, 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 specified factors, to 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.
6. Authorizes law enforcement investigators to request a complete autopsy, as specified, 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; or
   10. The body of the decedent has been moved or the scene or other evidence is altered in some way.
7. Adds to the course of basic training for law enforcement officers on the handling of domestic violence complaints instruction on the indicators of domestic homicide listed above.
8. Requires 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 to be current in their training related to domestic violence incidents, as specified.
9. Provides that, during the pendency of the investigation and any review, family members shall have access to all victim services and support, as specified.
10. Provides that, 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.
11. Specifies that the provisions of this bill do 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.
12. Defines "identifiable history of domestic violence" as 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.
13. Defines the term "partner" for the purposes of its provisions as a spouse, former spouse, cohabitant, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent's child.

COMMENTS

Requirements of Disclosure of Law Enforcement Investigation Records: Enacted in 1968, the California Public Records Act (CPRA) grants public access to public records held by state and local agencies. (Gov. Code, Section 7920.000 et seq.)

"Modeled after the federal Freedom of Information Act (5 U.S.C. Section 552 et seq.), the [CPRA] was enacted for the purpose of increasing freedom of information by giving members of the public access to records in the possession of state and local agencies. [Citation.] Such 'access to information concerning the conduct of the people's business,' the Legislature declared, 'is a fundamental and necessary right of every person in this state.'

(Castañares v. Superior Court (City of Chula Vista) (2023) 98 Cal.App.5th 295, 304, citing Los Angeles County Bd. of Supervisors v. Superior Court (ACLU of Southern California) (2016) 2 Cal.5th 282, 290

The CPRA generally prohibits disclosure of police investigation records unless the investigation is closed. (See Gov. Code, Section 7923.600, subd. (a); former Gov. Code, Section 6254, subd. (f).) A closed investigation is not the same as an investigation that may be slow or even cold. A closed investigation often means the suspect was identified and the police have passed that information on to the district attorney, the suspect was arrested and tried to resolution, or law enforcement has followed all investigative leads and determined that the no criminal conduct occurred.

This bill would authorize families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified.

According to the Author

According to the author, "SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.

"Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.

"SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced."

Arguments in Support

According to the Alliance for Hope International, "Suspicious death cases where there is a history of domestic violence have been referred to as "hidden homicides" in recent groundbreaking work by Dr. Jane Monckton Smith in the United Kingdom (UK). Dr. Smith's newest research estimates that in the UK (with a population of 38 million) there are 100-130 hidden homicides per year (Smith, 2019). In the United States (US), we refer to these cases as "staged crime scene" cases and experts are estimating there could be 800 – 1,200 "hidden homicides" in this country each year – the vast majority involving murdered women and no accountability for their killers (Turner-Little, 2022; Turvey, 2022).

"These cases occur when a perpetrator of domestic violence kills his partner and then stages the scene to look like a suicide or an accident, avoiding accountability for murder. Crime scene staging research has found that most offenders who stage crime scenes are male, most victims are female, and the most common victim-offender relationship involving staging is intimate partner relationships (Turvey, 2016). Until recently, there has been no comprehensive, specialized training conference in the US with this focus. In collaboration with the U.S. Department of Justice, the Alliance now hosts such a course entitled: "Hidden Homicides: The Challenges of Staged Crime Scenes."

"While the staging of crime scenes has been happening for hundreds of years, the rise in domestic violence homicides and the rise in staged crime scenes both call for a focus on this issue (Hazelwood-Napier, 2016). Based on the cases the Alliance has handled in recent years, law enforcement is failing domestic violence homicide victims in California and across the US and the numbers of cases are not small. Our expert team believes hundreds of murders are being misidentified as suicides and/or accidents.

"The gaps and challenges with this emerging issue are on full display in the death of Joanna Hunter Lewis in Vacaville, California in 2009. Joanna Hunter was married to an abusive husband with a long history of domestic violence. Nevertheless, when Joanna was found hanging by her bathrobe belt in 2009 in the master bedroom closet of the home she shared with her husband, the case was quickly closed as a "suicide." Joanna died so young. She was at the time trying to leave her husband. She had experienced a history of domestic violence including strangulation assault. Her husband was the last person to see her alive. Her husband had access to her body before the police arrived. And the evidence indicated that the scene had been altered before the police arrived. No autopsy was conducted, and no homicide investigation was done. The case was closed with little scrutiny by local law enforcement.

"Several years after Joanna's death, her husband was arrested and prosecuted for attempting to firebomb the home of his girlfriend after she attempted to end the relationship. Similar factors present in Joanna's case also existed with his new girlfriend. He served eight years in a California prison. Not until Joanna's mother Patricia reached out to the Sacramento Regional Family Justice Center for counseling was any actual review done of Joanna's case by and independent investigate team at The Justice Project, a program of San Diego-based Alliance for HOPE International. Our multi-disciplinary forensic team subsequently concluded that Joanna's death was likely a staged crime scene and opined that Joanna was murdered in 2009.

"Sadly, Joanna's case is not unique. NBC's Dateline recently featured the work of the Alliance's forensic team in the case of Stacy Feldman in Denver, Colorado who died in 2015. At the time, investigators and the medical examiner's office ruled her manner of death was "undetermined". Her husband claimed she died after a fall in a bathtub. In Stacy's case, the Justice Project Forensic team was able to successfully reopen her case after it was closed for two years. The Justice Project Team was fortunate to work with a committed homicide detective from the Denver Police Department who was suspicious that Stacy's death was a murder but lacked the training and expertise to analyze the evidence. Our collaboration ultimately led to the conviction of Robert Feldman for the murder of Stacy Feldman (even after the case had been ruled as "undetermined" cause of death). Since the exposure on Dateline, the Alliance has been approached by a host of families asking for help in cases where a loved one died, and authorities concluded the death was an accident or a suicide in the face of overwhelming evidence of a staged crime scene with a long history of DV.

"Seasoned investigators, medical examiners, and prosecutors can be misdirected by killers and erroneously find highly suspicious cases were suicides, accidents, or undetermined cause of death cases. In fact, Vernon Geberth, one of the leading experts in the field, believes there are seven major mistakes investigators make during a suicide investigation (Geberth, 2013). Strangulation cases, whether fatal or non-fatal, are easy to miss due to the lack of external visible injury (Gill, 2003). A victim of domestic violence can be strangled to death without any visible external injuries. Then, the killer can place a ligature around her neck and make it appear to be a suicide. Without a complete autopsy, forensic evidence can be lost even if the case is later determined to be suspicious. It is common for the victim's partner to seek an immediate cremation, destroying potential forensic evidence which could be discovered in an autopsy.

"The failure of law enforcement professionals to thoroughly investigate death cases, particularly in marginalized communities, with victims lacking privilege or status, and often with victims of color, has been recently documented in the work around missing or murdered indigenous persons by the U.S. Department of Justice. The rush to close cases and the failure to adequately investigate the history of the relationship often colors and biases the investigation. The Alliance has identified ten factors that point to a homicide rather than suicide or accident in intimate partner violence cases:

1. Victim dies prematurely;
2. The scene is made to appear like a suicide or accident scene;
3. One partner wanted to end the relationship;
4. There is a prior history of domestic violence with the current or previous partner;
5. The victim is found dead at home;
6. The victim is found by current or previous partner;
7. The prior identifiable history of domestic violence includes strangulation/suffocation;
8. The victim's partner or former partner is the last to see the victim alive;
9. The partner has control of the crime scene before the police arrive, and
10. The crime scene has been altered in some way.

References: Bitton, Dayan, 2019(#1-6); Glass, Campbell, et al, 2008(#6); Parker, 2009(#8-9); Geberth, 2010(#10); Training Institute on Strangulation Prevention, Case Studies (2022).

"We have also identified lack of training as a key challenge. Most death investigators do not have specialized training in DV and do not work in a multi-disciplinary team (MDT). Most forensic medical examiners have not been trained in the dynamics of DV and often rely on the investigation by law enforcement to help determine the manner of death. Untrained investigators may be quick to call a case a suicide and not complete a comprehensive investigation. They may also fail to check for a prior DV history, talk to family members, conduct a post lethality risk assessment, or adequately assess suicidal ideation. FBI expert Mark Safarik, in People v. Jackson, 221 Cal.App.4th 1222 (2013), testified that "extensive staging is suggestive of someone who knows the victim. Staging is done to confuse the police because they know they are the logical suspect."

"Legislators across the US have also called for better investigations. "Ensuring that the proper steps and procedures are taken at the scene of that death to reassure family members that the death was a natural one, a suicide or a homicide is a key element in maintaining citizen confidence in local officials. How local death investigations do their job is crucial to family Adkins, National Conference of State Legislators (2011). But no state has yet passed a law to ensure adequate investigations in these cases. California now has the chance to create a law that will be a model for the rest of the country.

"SB 989 provides key tools in the effort to better investigate suspicious death cases in California where there is a prior history of domestic violence. Congress has already recognized this important issue by enacting federal legislation entitled, The Homicide Victims' Families Rights Act (Public Law 117-164 (2022)). This bi-partisan, new federal law provides legal remedies and administrative processes for unsolved homicides to be reevaluated and re-investigated with independent investigators once families can provide evidence of an incomplete investigation. During congressional hearings, surviving family members of homicide victims spoke regularly about being ignored, disenfranchised, and not even interviewed during investigations into the suspicious deaths of their loved ones. Federal law, however, only applies in federal cases and on property under federal jurisdiction. It provides no assistance to California families dealing with similar cases. SB 989 will incorporate federal law into California law and provide a clear vehicle for independent case review when families need immediate assistance.

"With the passage of SB 989, California will create a national model statute that can and will be replicated in other states. It will ensure the voices and rights of family members dealing with the tragic death of a loved one will be heard and honored. It will also provide access to records when formal investigations are concluded to allow family members to seek an independent review of previous findings. SB 989 will help equip and support professionals across California in the handling of staged crime scene death cases where there is a history of DV.

"The murder of a DV victim is the ultimate robbery of hope – the inability to ever experience healing, autonomy, agency, and a future free of violence. SB 989 can reduce the failures of law enforcement professionals in the handling of suspicious death cases where there is a prior history of DV. We welcome the opportunity to address one of the greatest failures in the California criminal justice system today – letting domestic violence offenders get away with murder."

Arguments in Opposition

No longer applicable.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs (local funds, General Fund) of an unknown but potentially significant amount to law enforcement agencies in increased workload. This bill requires investigators to conduct additional interviews when investigating cases where the decedent has a history as a victim of domestic violence, and requires that any sworn law enforcement personnel working on such a case be current on required domestic violence training. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
2. Costs (local funds, General Fund) of an unknown but potentially significant amount to county coroners to complete additional autopsies at the request of law enforcement investigators and provide access to records to newly eligible family members of decedents. The bill is likely to increase workload to coroners, but it is unclear whether the bill would require reimbursement by the state for this increased workload because the bill does not directly require a coroner to conduct an autopsy requested by a law enforcement investigator. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
3. Minor and absorbable costs to the Commission on Peace Officer Standards and Training to incorporate the required material on domestic violence into its existing basic course of training.
4. To the extent this bill leads to identification of more homicides that would otherwise be attributed to another cause of death, the bill will result in significant cost pressures (Trial Court Trust Fund, General Fund) to the courts and California Department of Corrections and Rehabilitation to adjudicate criminal charges and incarcerate people convicted of homicide.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

SENATE FLOOR: 36-0-4

YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Archuleta, Dodd, Newman

ASM PUBLIC SAFETY: 7-0-1

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Zbur

ABS, ABST OR NV: Wilson

ASM JUDICIARY: 11-0-1

YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Sanchez

ABS, ABST OR NV: Joe Patterson

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: May 20, 2024

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0004226

SENATE THIRD READING

STR Bill Id:SB 989

Author:(Ashby and Rubio)

As Amended Ver:May 20, 2024

Majority vote

SUMMARY

Authorizes families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified.

Major Provisions

1. Provides that in addition to a legal heir or representative, a family member in a case where there is an identifiable history of domestic violence against the deceased may submit written authorization to the coroner to receive a copy, reproduction, facsimile of image or video recording for use or potential use in a civil action or proceeding that relates to the death of that person.
2. Requires the family member, in order to receive the copy of the image or video, to submit to the coroner a declaration under penalty of perjury that they are a family member of the deceased, a valid form of identification, and a certified death certificate.
3. Clarifies that it is the duty of the coroner to investigate suicide, including suicide where the deceased has a history of domestic violence.
4. Provides that 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, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, 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 specified factors, to 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.
6. Authorizes law enforcement investigators to request a complete autopsy, as specified, 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; or
   10. The body of the decedent has been moved or the scene or other evidence is altered in some way.
7. Adds to the course of basic training for law enforcement officers on the handling of domestic violence complaints instruction on the indicators of domestic homicide listed above.
8. Requires 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 to be current in their training related to domestic violence incidents, as specified.
9. Provides that, during the pendency of the investigation and any review, family members shall have access to all victim services and support, as specified.
10. Provides that, 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.
11. Specifies that the provisions of this bill do 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.
12. Defines "identifiable history of domestic violence" as 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.
13. Defines the term "partner" for the purposes of its provisions as a spouse, former spouse, cohabitant, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent's child.

COMMENTS

Requirements of Disclosure of Law Enforcement Investigation Records: Enacted in 1968, the California Public Records Act (CPRA) grants public access to public records held by state and local agencies. (Gov. Code, Section 7920.000 et seq.)

"Modeled after the federal Freedom of Information Act (5 U.S.C. Section 552 et seq.), the [CPRA] was enacted for the purpose of increasing freedom of information by giving members of the public access to records in the possession of state and local agencies. [Citation.] Such 'access to information concerning the conduct of the people's business,' the Legislature declared, 'is a fundamental and necessary right of every person in this state.'"

(Castañares v. Superior Court (City of Chula Vista) (2023) 98 Cal.App.5th 295, 304, citing Los Angeles County Bd. of Supervisors v. Superior Court (ACLU of Southern California) (2016) 2 Cal.5th 282, 290

The CPRA generally prohibits disclosure of police investigation records unless the investigation is closed. (See Gov. Code, Section 7923.600, subd. (a); former Gov. Code, Section 6254, subd. (f).) A closed investigation is not the same as an investigation that may be slow or even cold. A closed investigation often means the suspect was identified and the police have passed that information on to the district attorney, the suspect was arrested and tried to resolution, or law enforcement has followed all investigative leads and determined that the no criminal conduct occurred.

This bill would authorize families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified.

According to the Author

According to the author, "SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.

"Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.

"SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced."

Arguments in Support

According to the Alliance for Hope International, "Suspicious death cases where there is a history of domestic violence have been referred to as "hidden homicides" in recent groundbreaking work by Dr. Jane Monckton Smith in the United Kingdom (UK). Dr. Smith's newest research estimates that in the UK (with a population of 38 million) there are 100-130 hidden homicides per year (Smith, 2019). In the United States (US), we refer to these cases as "staged crime scene" cases and experts are estimating there could be 800 – 1,200 "hidden homicides" in this country each year – the vast majority involving murdered women and no accountability for their killers (Turner-Little, 2022; Turvey, 2022).

"These cases occur when a perpetrator of domestic violence kills his partner and then stages the scene to look like a suicide or an accident, avoiding accountability for murder. Crime scene staging research has found that most offenders who stage crime scenes are male, most victims are female, and the most common victim-offender relationship involving staging is intimate partner relationships (Turvey, 2016). Until recently, there has been no comprehensive, specialized training conference in the US with this focus. In collaboration with the U.S. Department of Justice, the Alliance now hosts such a course entitled: "Hidden Homicides: The Challenges of Staged Crime Scenes."

"While the staging of crime scenes has been happening for hundreds of years, the rise in domestic violence homicides and the rise in staged crime scenes both call for a focus on this issue (Hazelwood-Napier, 2016). Based on the cases the Alliance has handled in recent years, law enforcement is failing domestic violence homicide victims in California and across the US and the numbers of cases are not small. Our expert team believes hundreds of murders are being misidentified as suicides and/or accidents.

"The gaps and challenges with this emerging issue are on full display in the death of Joanna Hunter Lewis in Vacaville, California in 2009. Joanna Hunter was married to an abusive husband with a long history of domestic violence. Nevertheless, when Joanna was found hanging by her bathrobe belt in 2009 in the master bedroom closet of the home she shared with her husband, the case was quickly closed as a "suicide." Joanna died so young. She was at the time trying to leave her husband. She had experienced a history of domestic violence including strangulation assault. Her husband was the last person to see her alive. Her husband had access to her body before the police arrived. And the evidence indicated that the scene had been altered before the police arrived. No autopsy was conducted, and no homicide investigation was done. The case was closed with little scrutiny by local law enforcement.

"Several years after Joanna's death, her husband was arrested and prosecuted for attempting to firebomb the home of his girlfriend after she attempted to end the relationship. Similar factors present in Joanna's case also existed with his new girlfriend. He served eight years in a California prison. Not until Joanna's mother Patricia reached out to the Sacramento Regional Family Justice Center for counseling was any actual review done of Joanna's case by and independent investigate team at The Justice Project, a program of San Diego-based Alliance for HOPE International. Our multi-disciplinary forensic team subsequently concluded that Joanna's death was likely a staged crime scene and opined that Joanna was murdered in 2009.

"Sadly, Joanna's case is not unique. NBC's Dateline recently featured the work of the Alliance's forensic team in the case of Stacy Feldman in Denver, Colorado who died in 2015. At the time, investigators and the medical examiner's office ruled her manner of death was "undetermined". Her husband claimed she died after a fall in a bathtub. In Stacy's case, the Justice Project Forensic team was able to successfully reopen her case after it was closed for two years. The Justice Project Team was fortunate to work with a committed homicide detective from the Denver Police Department who was suspicious that Stacy's death was a murder but lacked the training and expertise to analyze the evidence. Our collaboration ultimately led to the conviction of Robert Feldman for the murder of Stacy Feldman (even after the case had been ruled as "undetermined" cause of death). Since the exposure on Dateline, the Alliance has been approached by a host of families asking for help in cases where a loved one died, and authorities concluded the death was an accident or a suicide in the face of overwhelming evidence of a staged crime scene with a long history of DV.

"Seasoned investigators, medical examiners, and prosecutors can be misdirected by killers and erroneously find highly suspicious cases were suicides, accidents, or undetermined cause of death cases. In fact, Vernon Geberth, one of the leading experts in the field, believes there are seven major mistakes investigators make during a suicide investigation (Geberth, 2013). Strangulation cases, whether fatal or non-fatal, are easy to miss due to the lack of external visible injury (Gill, 2003). A victim of domestic violence can be strangled to death without any visible external injuries. Then, the killer can place a ligature around her neck and make it appear to be a suicide. Without a complete autopsy, forensic evidence can be lost even if the case is later determined to be suspicious. It is common for the victim's partner to seek an immediate cremation, destroying potential forensic evidence which could be discovered in an autopsy.

"The failure of law enforcement professionals to thoroughly investigate death cases, particularly in marginalized communities, with victims lacking privilege or status, and often with victims of color, has been recently documented in the work around missing or murdered indigenous persons by the U.S. Department of Justice. The rush to close cases and the failure to adequately investigate the history of the relationship often colors and biases the investigation. The Alliance has identified ten factors that point to a homicide rather than suicide or accident in intimate partner violence cases:

1. Victim dies prematurely;
2. The scene is made to appear like a suicide or accident scene;
3. One partner wanted to end the relationship;
4. There is a prior history of domestic violence with the current or previous partner;
5. The victim is found dead at home;
6. The victim is found by current or previous partner;
7. The prior identifiable history of domestic violence includes strangulation/suffocation;
8. The victim's partner or former partner is the last to see the victim alive;
9. The partner has control of the crime scene before the police arrive, and
10. The crime scene has been altered in some way.

References: Bitton, Dayan, 2019(#1-6); Glass, Campbell, et al, 2008(#6); Parker, 2009(#8-9); Geberth, 2010(#10); Training Institute on Strangulation Prevention, Case Studies (2022).

"We have also identified lack of training as a key challenge. Most death investigators do not have specialized training in DV and do not work in a multi-disciplinary team (MDT). Most forensic medical examiners have not been trained in the dynamics of DV and often rely on the investigation by law enforcement to help determine the manner of death. Untrained investigators may be quick to call a case a suicide and not complete a comprehensive investigation. They may also fail to check for a prior DV history, talk to family members, conduct a post lethality risk assessment, or adequately assess suicidal ideation. FBI expert Mark Safarik, in People v. Jackson, 221 Cal.App.4th 1222 (2013), testified that "extensive staging is suggestive of someone who knows the victim. Staging is done to confuse the police because they know they are the logical suspect."

"Legislators across the US have also called for better investigations. "Ensuring that the proper steps and procedures are taken at the scene of that death to reassure family members that the death was a natural one, a suicide or a homicide is a key element in maintaining citizen confidence in local officials. How local death investigations do their job is crucial to family Adkins, National Conference of State Legislators (2011). But no state has yet passed a law to ensure adequate investigations in these cases. California now has the chance to create a law that will be a model for the rest of the country.

"SB 989 provides key tools in the effort to better investigate suspicious death cases in California where there is a prior history of domestic violence. Congress has already recognized this important issue by enacting federal legislation entitled, The Homicide Victims' Families Rights Act (Public Law 117-164 (2022)). This bi-partisan, new federal law provides legal remedies and administrative processes for unsolved homicides to be reevaluated and re-investigated with independent investigators once families can provide evidence of an incomplete investigation. During congressional hearings, surviving family members of homicide victims spoke regularly about being ignored, disenfranchised, and not even interviewed during investigations into the suspicious deaths of their loved ones. Federal law, however, only applies in federal cases and on property under federal jurisdiction. It provides no assistance to California families dealing with similar cases. SB 989 will incorporate federal law into California law and provide a clear vehicle for independent case review when families need immediate assistance.

"With the passage of SB 989, California will create a national model statute that can and will be replicated in other states. It will ensure the voices and rights of family members dealing with the tragic death of a loved one will be heard and honored. It will also provide access to records when formal investigations are concluded to allow family members to seek an independent review of previous findings. SB 989 will help equip and support professionals across California in the handling of staged crime scene death cases where there is a history of DV.

"The murder of a DV victim is the ultimate robbery of hope – the inability to ever experience healing, autonomy, agency, and a future free of violence. SB 989 can reduce the failures of law enforcement professionals in the handling of suspicious death cases where there is a prior history of DV. We welcome the opportunity to address one of the greatest failures in the California criminal justice system today – letting domestic violence offenders get away with murder."

Arguments in Opposition

No longer applicable.

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. Costs (local funds, General Fund) of an unknown but potentially significant amount to law enforcement agencies in increased workload. This bill requires investigators to conduct additional interviews when investigating cases where the decedent has a history as a victim of domestic violence, and requires that any sworn law enforcement personnel working on such a case be current on required domestic violence training. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
2. Costs (local funds, General Fund) of an unknown but potentially significant amount to county coroners to complete additional autopsies at the request of law enforcement investigators and provide access to records to newly eligible family members of decedents. The bill is likely to increase workload to coroners, but it is unclear whether the bill would require reimbursement by the state for this increased workload because the bill does not directly require a coroner to conduct an autopsy requested by a law enforcement investigator. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
3. Minor and absorbable costs to the Commission on Peace Officer Standards and Training to incorporate the required material on domestic violence into its existing basic course of training.
4. To the extent this bill leads to identification of more homicides that would otherwise be attributed to another cause of death, the bill will result in significant cost pressures (Trial Court Trust Fund, General Fund) to the courts and California Department of Corrections and Rehabilitation to adjudicate criminal charges and incarcerate people convicted of homicide.

According to the Legislative Analyst's Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years.

VOTES

SENATE FLOOR: 36-0-4

YES: Alvarado-Gil, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Allen, Archuleta, Dodd, Newman

ASM PUBLIC SAFETY: 7-0-1

YES: McCarty, Alanis, Lackey, Stephanie Nguyen, Reyes, Ting, Zbur

ABS, ABST OR NV: Wilson

ASM JUDICIARY: 11-0-1

YES: Kalra, Dixon, Bauer-Kahan, Bryan, Connolly, Haney, Maienschein, McKinnor, Pacheco, Reyes, Sanchez

ABS, ABST OR NV: Joe Patterson

ASM APPROPRIATIONS: 14-0-1

YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Grayson, Haney, Hart, Pellerin, Ta, Villapudua

ABS, ABST OR NV: Jim Patterson

UPDATED

VERSION: May 20, 2024

CONSULTANT: Andrew Ironside / PUB. S. / (916) 319-3744 FN: 0003992

Date of Hearing: July 2, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

SBPCA Bill Id:SB 989

Author:(Ashby) – As Amended Ver:May 20, 2024

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill expands law enforcement duties during the investigation of a death where the decedent has a history as a victim of domestic violence, clarifies the duties of a coroner when investigating such a case, and provides additional access to coroner records to such a decedent’s family members for the purpose of civil litigation regarding their death.

Specifically, among other provisions, this bill:

1. Requires a law enforcement investigator to interview specified family members before making any findings about the manner and cause of death of a decedent with a history as a victim of domestic violence.
2. Authorizes a law enforcement investigator to request a complete autopsy in a case where the investigator determines the decedent was a victim of domestic violence and one of several specified conditions related to domestic violence is present in the case.
3. Adds to the course of basic training for law enforcement officers on the handling of domestic violence complaints instruction on the indicators of domestic homicide.
   
4. Requires 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 be current in their training related to domestic violence incidents.
   
5. Clarifies that a coroner’s duty to investigate suicides includes a suicide where the decedent had a history as a victim of domestic violence.
6. Permits a coroner to consult with a board-certified forensic pathologist 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.
7. Expands existing definitions to permit a decedent’s parent, sibling, or child to obtain coroner records for the purpose of pursuing a civil action related to the decedent’s death.

FISCAL EFFECT:

1. Costs (local funds, General Fund) of an unknown but potentially significant amount to law enforcement agencies in increased workload. This bill requires investigators to conduct additional interviews when investigating cases where the decedent has a history as a victim of domestic violence, and requires that any sworn law enforcement personnel working on such a case be current on required domestic violence training. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
2. Costs (local funds, General Fund) of an unknown but potentially significant amount to county coroners to complete additional autopsies at the request of law enforcement investigators and provide access to records to newly eligible family members of decedents. The bill is likely to increase workload to coroners, but it is unclear whether the bill would require reimbursement by the state for this increased workload because the bill does not directly require a coroner to conduct an autopsy requested by a law enforcement investigator. General Fund costs will depend on whether the duties imposed by this bill constitute a reimbursable state mandate, as determined by the Commission on State Mandates.
3. Minor and absorbable costs to the Commission on Peace Officer Standards and Training to incorporate the required material on domestic violence into its existing basic course of training.
4. To the extent this bill leads to identification of more homicides that would otherwise be attributed to another cause of death, the bill will result in significant cost pressures (Trial Court Trust Fund, General Fund) to the courts and California Department of Corrections and Rehabilitation to adjudicate criminal charges and incarcerate people convicted of homicide.

According to the Legislative Analyst’s Office, the General Fund faces a structural deficit in the tens of billions of dollars over the next several fiscal years. 

COMMENTS:

1. Purpose. This bill is sponsored by the Alliance for HOPE International. According to the author:

Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies. . . .This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence-- establishing a voice to families who have long been silenced.

1. Background. This bill seeks to address so-called “hidden homicides” – cases in which a person with a history as a victim of domestic violence dies and investigators deem the death a suicide or accident, but family members suspect the death was actually a homicide resulting from abuse. The bill has several mechanisms to encourage deeper investigation of these cases to determine whether they are, in fact, homicides. First, the bill requires additional training for law enforcement officers to help them identify suspicious deaths that may have been caused by domestic violence, and requires law enforcement investigators to conduct additional interviews with a decedent’s friends and family in such a situation. Second, the bill clarifies existing coroner duties regarding investigation of suicides by victims of domestic abuse.

Finally, the bill expands access to coroner records for family members of a decedent. Under existing law, autopsy images and other images made for a coroner are confidential and may be disseminated only pursuant to a court order, for use in criminal investigations, or to a “qualified person” for use in a civil action related to the decedent’s death. A “qualified person” means the legal heir or legal representative of the decedent. This bill expands the definition of “qualified person” to include the decedent’s parent, sibling, or child, so any of those family members may obtain photographs and other visual records taken for or by a coroner at the scene of death or during postmortem examinations.

Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081

Date of Hearing: June 25, 2024

ASSEMBLY COMMITTEE ON JUDICIARY

Ash Kalra, Chair

SBPCA Bill Id:SB 989

Author:(Ashby) – As Amended Ver:May 20, 2024

PROPOSED CONSENT

SENATE VOTE: 36-0

SUBJECT: DOMESTIC VIOLENCE: DEATHS

KEY ISSUE: IN ORDER TO INCREASE THE LIKELIHOOD THAT LAW ENFORCEMENT AND THE FAMILIES OF DECEDENTS ARE ABLE TO IDENTIFY INTIMATE PARTNER HOMICIDES, EVEN UNDER CIRCUMSTANCES WHERE THE SCENE HAS BEEN STAGED AS A SUICIDE, SHOULD A PARENT, SIBLING, OR CHILD OF A DECEDENT BE ENTITLED TO OBTAIN PHOTOGRAPHIC IMAGES TAKEN BY OR FOR A CORONER IN CONNECTION WITH THE EXAMINATION OF THE DECEDENT?

SYNOPSIS

In the United States, nearly half of all female and one-tenth of male homicide victims are killed by intimate partners. But these astonishingly high numbers may not reflect the true number of fatal incidents of domestic violence. A significant number of intimate partner homicides go undetected because the perpetrator is able to “stage” the crime scene – by means of “the purposeful manipulation of the scene in order to mislead investigators” – to make the homicide look like an accident or a suicide.

This bill, sponsored by Alliance for HOPE International, seeks to increase the likelihood that law enforcement and the families of decedents are able to identify intimate partner homicides, even under circumstances where the scene has been staged as an accident or suicide, in a number of ways. The Committee on Public Safety, which recently approved the bill on consent, thoroughly analyzed issues relating to the duties of coroners and law enforcement. This analysis focuses on the portion of the bill that expands access to photographic images taken for or by a coroner in connection with a postmortem examination or autopsy. As relevant to this Committee’s jurisdiction, the bill allows a parent, sibling, or child of a decedent to obtain photographic images taken by or for a coroner in connection with the examination of the decedent. The bill is supported by a large number of law enforcement organizations, domestic violence prevention advocates, cities and counties, and others. It has no opposition on file.

SUMMARY: Seeks to increase the likelihood that law enforcement and the families of decedents are able to identify intimate partner homicides, even under circumstances where the scene has been staged as an accident or suicide, in a number of ways, including by providing family members with access to photos taken by or for a coroner in connection with the examination of the decedent. Specifically, this bill:

1. Provides that in addition to a legal heir or representative, a family member in a case where there is an identifiable history of domestic violence against the deceased may submit written authorization to the coroner to receive a copy, reproduction, facsimile of an image or video recording for use or potential use in a civil action or proceeding that relates to the death of that person.
2. Requires the family member, in order to receive the copy of the image or video, to submit to the coroner a declaration under penalty of perjury that they are a family member of the deceased, a valid form of identification, and a certified death certificate.
3. Clarifies that it is the duty of the coroner to investigate suicide, including suicide where the deceased has a history of domestic violence.
4. Provides that 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, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, 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 specified factors, to 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.
6. Authorizes law enforcement investigators to request a complete autopsy, as specified, 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; or
   10. The body of the decedent has been moved or the scene or other evidence is altered in some way.
7. Adds to the course of basic training for law enforcement officers on the handling of domestic violence complaints instruction on the indicators of domestic homicide listed above.
8. Requires 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 to be current in their training related to domestic violence incidents, as specified.
9. Provides that, during the pendency of the investigation and any review, family members shall have access to all victim services and support, as specified.
10. Provides that, 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.
11. Specifies that the provisions of this bill do 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.
12. Defines “identifiable history of domestic violence” as 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.
13. Defines the term “partner” for the purposes of its provisions as a spouse, former spouse, cohabitant, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.

EXISTING LAW:

1. Defines domestic violence as abuse perpetrated against any of the following persons:
   1. A spouse or former spouse;
   2. A cohabitant or former cohabitant, as defined;
   3. A person with whom the respondent is having or has had a dating or engagement relationship;
   4. A person with whom the respondent has had a child, as specified;
   5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified; or
   6. Any other person related by consanguinity or affinity within the second degree. (Family Code Section 6211.)
2. Provides that regardless of when it was made, 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 post mortem examination or autopsy, shall not be made or disseminated except as follows:
   1. For use in a criminal action or proceeding in this state that relates to the death of that person;
   2. As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made; or
   3. For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if the coroner receives written authorization from the legal heir or representative of the deceased or if a subpoena is issued by a party who is legal heir or representative of the deceased person in a pending civil action. (Code of Civil Procedure Section 129 (a), (c).)
3. Requires that all of the following shall be provided to the coroner in order to verify the identity of the legal heir or representative:
   1. A declaration under penalty of perjury that the individual is the legal heir or representative of the deceased;
   2. A valid form of identification; and,
   3. A certified death certificate. (Code of Civil Procedure Section 129 (a)(3)(A).)
4. Defines “domestic violence” as abuse perpetrated against specified persons, including a spouse or former spouse, a cohabitant or former cohabitant, or a person with whom the respondent is having or has had a dating or engagement relationship. (Family Code Section 6211 (a)-(c).)
5. Requires the course of basic training for law enforcement officers to include adequate instruction in the procedures and techniques for, among other things, handling incidents of domestic violence, questioning victims of domestic violence, the nature and extent of domestic violence, the signs of domestic violence, criminal conduct that may be related to domestic violence. (Penal Code Section 13519 (c)(3)-(6).)
6. Authorizes a county to establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. (Penal Code Section 11163.3 (a).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: This bill, sponsored by Alliance for HOPE International, seeks to increase the likelihood that law enforcement and the families of decedents are able to identify intimate partner homicides, even under circumstances where the scene has been staged as an accident or suicide, in a number of ways. Most of the bill’s provisions are in the jurisdiction of the Committee on Public Safety. This Committee’s analysis focuses on the portion of the bill that expands access to photographic images taken for or by a coroner in connection with a postmortem examination or autopsy. That provision allows a parent, sibling, or child of a decedent to obtain photographic images taken by or for a coroner in connection with the examination of the decedent. According to the author:

Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies. . . .This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence-- establishing a voice to families who have long been silenced.

Background - Domestic Violence Protective Orders. In order to prevent acts of domestic violence, existing law permits a victim or potential victim of domestic violence to seek a “protective order.” Such orders may take the form of emergency protective orders (sought by law enforcement) or domestic violence restraining orders (DVRO). Both types of orders typically take the form of “stay away” or similar orders that ensure separation of the parties, at least for as long as it takes to appear in court or resolve the causes of the violence. In order to better prevent harm, emergency protective orders and temporary restraining orders are issued ex parte – that is, based upon the affidavit or testimony of only the party seeking relief. A permanent restraining order, which may last up to five years, may be issued only after a hearing at which the respondent is free to attend and testify. Because of their inherently time-sensitive manner, requests are reviewed and, if approved, issued on the same day as requested, or no later than the next business day. The vast majority (perhaps as many as 90%) of ex parte domestic violence restraining orders are sought without assistance of counsel. The person seeking protection fills out at least four required forms with the Superior Court of the county in which they reside.

Domestic violence and domestic violence-related homicides. In the United States, nearly half of all female, and one-tenth of all male, homicide victims are killed by intimate partners. (Lupariello, et al., Staged crime scene determination by handling physical and digital evidence: Reports and review of the literature (Jul. 2018) Forensic Science International, Vol. 288, pp. 236-241, available at https://pubmed.ncbi.nlm.nih.gov/29783179/.) But these astonishingly high numbers may not reflect the true number of fatal incidents of domestic violence. A significant number of intimate partner homicides go undetected because the perpetrator is able to “stage” the crime scene – by means of “the purposeful manipulation of the scene in order to mislead investigators” – to make the homicide look like an accident or a suicide. (Ibid.) Homicides in the home are especially susceptible to staging, given that the perpetrator might have an uninterrupted opportunity to alter the scene before calling law enforcement. (Ibid.) Although there are warning signs that a case might be a “hidden homicide”—such as a history of domestic violence, past nonfatal strangulation behavior, and the decedent recently attempting to end the relationship—many investigators are not adequately trained on the topic and may close a case without realizing there was cause for suspicion of it being the result of a homicide. (Ibid.)

These cases are understandably heartbreaking and frustrating for surviving family members, many of whom may have been aware of a history of domestic violence in the decedent’s home life. The Training Institute on Strangulation Prevention writes in support of the bill that they are “family members who have lost loved ones as a result of domestic violence.”

Each one of us has lost a daughter, a sister, or a mother under circumstances that can only be described as a suspicious death and likely a homicide. Each of their deaths were staged to look like a suicide or an accident and all the cases were poorly investigated. Only one case has ended in a murder conviction, others remain open, have been closed by law enforcement or the suspect was found not guilty due to evidence that was missed as part of the staged crime scene.

. . .

This bill will bring awareness about staged crime scenes, suicides with a history of domestic violence, the factors to consider for a suspicious death and provide more rights to family members of lost loved ones.

The bill’s uncodified findings acknowledge these sobering facts:

(a) Suspicious death cases, where there is a history of being victimized by domestic violence, are inadequately investigated at times, when a premature decision is made to determine the cause of death as suicide even before a comprehensive investigation has been completed by law enforcement professionals.

(b) Domestic violence-related homicides are highly susceptible to staging or alteration of the death scene before investigators can conduct a scene investigation, which hampers the responsibilities of the coroner or medical examiner and compromises the ability of investigators to evaluate death cases adequately.

(c) Research has identified 10 red flag markers in suspicious death cases, where there is a history of being victimized by domestic violence, that should be evaluated in any death investigation.

(d) An independent right of family members of homicide victims has been created in federal law to obtain information, access victim services, and request an independent review of initial findings or the investigation of the death of their family member but the law applies only to those cases under federal jurisdiction. It is the intent of the Legislature to provide victim services and support to family members in suspicious death cases and support family members who seek a second opinion on the death of their loved one at no cost to any public agency whenever practicable.

Access to images taken by a coroner under existing law. Current law makes images made for or by a coroner confidential; and provides that they can be disseminated only in connection with a criminal matter relating to the death of the person, through a court order, or to a “qualified person” for the use in a potential or ongoing civil action relating to the death. (Code of Civil Procedure Section 129.) Under current law, a “qualified person” is a legal heir of the decedent or a legal representative of the decedent. (Ibid.) A “qualified person” can obtain the images in one of two ways: (1) submit a written authorization to the coroner—which must include a declaration under penalty of perjury that they are the decedent’s legal heir or representative—along with a valid form of identification and a certified death certificate; or (2) issue a subpoena for the images in a pending legal action. (Ibid.)

These restrictions on disclosure of images made for or by a coroner, while intended to limit the availability of highly sensitive documents, could inadvertently shield a perpetrator of a domestic violence-related homicide, given that a spouse is likely to be both the victim’s heir and, based upon statistics regarding domestic violence, the perpetrator of domestic violence, as well.

This bill expands access to images from a coroner by expanding the definition of “qualified person” to apply to the parent, sibling, or child of the deceased, so those family members can obtain photographs and other visual records taken for or by a coroner at the scene of death or in the course of a postmortem examination or autopsy in cases where there is an “identifiable history of being victimized by domestic violence,” as defined. The family member, in order to receive the copy of the image or video, is required to submit to the coroner all of the following: (1) a declaration under penalty of perjury that they are a family member of the deceased, (2) a valid form of identification, and (3) a certified death certificate.

Other provisions of the bill that relate to the duties of coroners and law enforcement investigators—and that work in tandem with this disclosure provision—are thoroughly discussed in the analysis of the bill by the Committee on Public Safety, which has jurisdiction over those issues and recently approved this bill on consent. For example, the bill requires that 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. Together, these requirements are designed to facilitate the thorough investigation of deaths that appear to be caused by suicide or accident to determine whether they were, in fact, domestic violence-related homicides to perhaps hold perpetrators responsible, but at least bring closure to the family members of these decedents.

ARGUMENTS IN SUPPORT: Sponsor Alliance for Hope International writes the following to explain the need for the bill:

While the staging of crime scenes has been happening for hundreds of years, the rise in domestic violence homicides and the rise in staged crime scenes both call for a focus on this issue (Hazelwood-Napier, 2016). Based on the cases the Alliance has handled in recent years, law enforcement is failing domestic violence homicide victims in California and across the US and the numbers of cases are not small. Our expert team believes hundreds of murders are being misidentified as suicides and/or accidents.

. . .

[SB 989] will ensure the voices and rights of family members dealing with the tragic death of a loved one will be heard and honored. It will also provide access to records when formal investigations are concluded to allow family members to seek an independent review of previous findings. SB 989 will help equip and support professionals across California in the handling of staged crime scene death cases where there is a history of DV.

REGISTERED SUPPORT / OPPOSITION:

Support

Alliance for Hope International (sponsor)

California District Attorneys Association
California Professional Firefighters
County of San Diego
Junior Leagues of California State Public Affairs Committee
Los Angeles County District Attorney's Office
Peace Officers Research Association of California (PORAC)
San Diego County District Attorney's Office
San Francisco Safehouse
Training Institute on Strangulation Prevention

One individual

Opposition

None on file

Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334

Date of Hearing: June 18, 2024

Counsel: Andrew Ironside

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Kevin McCarty, Chair

SBPCA Bill Id:SB 989

Author:(Ashby) – As Amended Ver:May 20, 2024

SUMMARY: Authorizes families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified. Specifically, this bill:

1. Provides that in addition to a legal heir or representative, a family member in a case where there is an identifiable history of domestic violence against the deceased may submit written authorization to the coroner to receive a copy, reproduction, facsimile of image or video recording for use or potential use in a civil action or proceeding that relates to the death of that person.
   
2. Requires the family member, in order to receive the copy of the image or video, to submit to the coroner a declaration under penalty of perjury that they are a family member of the deceased, a valid form of identification, and a certified death certificate.
   
3. Clarifies that it is the duty of the coroner to investigate suicide, including suicide where the deceased has a history of domestic violence.
   
4. Provides that 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, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.
   
5. Requires law enforcement investigators, 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 specified factors, to 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.
   
6. Authorizes law enforcement investigators to request a complete autopsy, as specified, 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; or
      
   10. The body of the decedent has been moved or the scene or other evidence is altered in some way.
       
7. Adds to the course of basic training for law enforcement officers on the handling of domestic violence complaints instruction on the indicators of domestic homicide listed above.
   
8. Requires 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 to be current in their training related to domestic violence incidents, as specified.
   
9. Provides that, during the pendency of the investigation and any review, family members shall have access to all victim services and support, as specified.
   
10. Provides that, 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.
    
11. Specifies that the provisions of this bill do 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.
    
12. Defines “identifiable history of domestic violence” as 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.
    
13. Defines the term “partner” for the purposes of its provisions as a spouse, former spouse, cohabitant, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.

EXISTING LAW:

1. Defines domestic violence as abuse perpetrated against any of the following persons:
   1. A spouse or former spouse;
      
   2. A cohabitant or former cohabitant, as defined;
      
   3. A person with whom the respondent is having or has had a dating or engagement relationship;
      
   4. A person with whom the respondent has had a child, as specified;
      
   5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified; or
      
   6. Any other person related by consanguinity or affinity within the second degree. (Family Code § 6211.)
      
2. Provides that regardless of when it was made, 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 post mortem examination or autopsy, shall not be made or disseminated except as follows:
   
   1. For use in a criminal action or proceeding in this state that relates to the death of that person;
      
   2. As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made; or
      
   3. For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if the coroner receives written authorization from the legal heir or representative of the deceased or if a subpoena is issued by a party who is legal heir or representative of the deceased person in a pending civil action. (Code of Civil Procedure, § 129, subds. (a), (c).)
      
3. Requires that all of the following shall be provided to the coroner in order to verify the identity of the legal heir or representative:
   
   1. A declaration under penalty of perjury that the individual is the legal heir or representative of the deceased;
      
   2. A valid form of identification; and,
      
   3. A certified death certificate. (Code of Civil Procedure, § 129, subd. (a)(3)(A).)
      
4. Defines “domestic violence” as abuse perpetrated against specified persons, including a spouse or former spouse, a cohabitant or former cohabitant, or a person with whom the respondent is having or has had a dating or engagement relationship (Fam. Code, § 6211, subds. (a)-(c).)
   
5. Requires the course of basic training for law enforcement officers to include adequate instruction in the procedures and techniques for, among other things, handling incidents of domestic violence, questioning victims of domestic violence, the nature and extent of domestic violence, the signs of domestic violence, criminal conduct that may be related to domestic violence. (Pen. Code, § 13519, subd. (c)(3)-(6).)
   
6. Authorizes a county to establish an interagency domestic violence death review teams to assist local agencies in identifying and reviewing domestic violence deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. (Pen. Code, § 11163.3, subd. (a).)
   

FISCAL EFFECT: Unknown.

COMMENTS:

1. Author's Statement: According to the author, "SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.
   
   “Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.
   
   “SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced.”
   
2. Requirements of Disclosure of Law Enforcement Investigation Records: Enacted in 1968, the California Public Records Act (CPRA) grants public access to public records held by state and local agencies. (Gov. Code, § 7920.000 et seq.)

“Modeled after the federal Freedom of Information Act (5 U.S.C. § 552 et seq.), the [CPRA] was enacted for the purpose of increasing freedom of information by giving members of the public access to records in the possession of state and local agencies. [Citation.] Such ‘access to information concerning the conduct of the people's business,’ the Legislature declared, ‘is a fundamental and necessary right of every person in this state.’”

(Castañares v. Superior Court (City of Chula Vista) (2023) 98 Cal.App.5th 295, 304, citing Los Angeles County Bd. of Supervisors v. Superior Court (ACLU of Southern California) (2016) 2 Cal.5th 282, 290

The CPRA generally prohibits disclosure of police investigation records unless the investigation is closed. (See Gov. Code, § 7923.600, subd. (a); former Gov. Code, § 6254, subd. (f).) A closed investigation is not the same as an investigation that may be slow or even cold. A closed investigation often means the suspect was identified and the police have passed that information on to the district attorney, the suspect was arrested and tried to resolution, or law enforcement has followed all investigative leads and determined that the no criminal conduct occurred.

This bill would authorize families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified.

1. Domestic Violence and Staged Suicide: The 1970s and 1980s saw a growing awareness of the prevalence and severity of domestic violence, particularly intimate partner violence (IPV). This distressing trend led to mounting calls for major reforms regarding criminal penalties for and law enforcement response to domestic violence incidents. By the early 2000s, while some reforms had taken hold on both a national and local scale, it was clear from data collected on IPV and law enforcement handling of IPV cases that far more sweeping changes were needed in order to adequately address the IPV crisis.^[1] Today, IPV remains a significant public health issue that has many individual and societal costs. Recent data suggests that about 1 in 5 homicide victims are killed by an intimate partner, and over half of female homicide victims in the United States are killed by a current or former male intimate partner.^[2]
   
   Another recent study has explored a rare yet appalling phenomenon within the IPV context: staged suicides. According to the authors of that study:

Current criminological analysis fails to recognize homicide cases of women with characteristics typical to women’s life experience. This failure helps conceal the fact of their homicide-induced death, rendering these cases ‘concealed femicide.’ […] The elusive nature of concealed femicides, which do not display external physiological signs that might suggest a homicidal cause of death (such as cutting/shooting/strangulation wounds), assign them, almost automatically, a non-criminal classification. Unless such deaths are known or suspected to be unnatural, they normally go uninvestigated.^[3]

The study highlights other research showing that the most common victim-offender relationship involving scene staging is an intimate partner relationship, and most staged homicides involve the killing of an intimate partner.^[4] Moreover, in summarizing their data, the authors of the study identify 6 predictive factors that, when present, suggest foul play:

• A premature death when the deceased was in apparent good health.
• Death by suicide.
• Evidence that one of the partners wished to terminate the relationship.
• Prior domestic violence on the part of the deceased’s partner.
• The deceased was found dead in her home.
• The deceased was found dead by her current or previous partner.^[5]

The sponsor of this bill, the Alliance for HOPE International, has identified four additional risk factors that can predict IPV-related staged suicide scenes:

• A prior history of domestic violence that includes strangulation/suffocation.
• The deceased’s partner was the last to see her/him alive.
• The surviving partner had control of the crime scene.
• The body had been moved or the scene/evidence had been altered in some way.^[6]

This research, and the 10 risk factors listed above, provide the backdrop and impetus for this bill.

1. Duties of the Coroner: Under existing law, it is the duty of the county coroner to inquire into and determine the circumstances, manner and cause of deaths that occur within their jurisdiction, including violent, sudden or unusual deaths, unattended deaths, known or suspected homicide, suicide or accidental poisoning, deaths from or related to injury or accident, and death in whole or in part occasioned by criminal means, among others.^[7] Existing law also authorizes the coroner to perform an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means.^[8] The coroner is required to perform an autopsy if the surviving spouse requests them to do so in writing. If there is no surviving spouse, that right devolves to a surviving parent or child, and subsequently, if there is no surviving parent or child, to the next of kin.^[9]
   
   Coroners are also authorized to conduct inquests, or more formal investigations into the cause of a death, of their own volition, and are required to conduct them if requested to do so by the Attorney General, district attorney, sheriff, city prosecutor, city attorney or chief of police in their jurisdiction.^[10] Autopsies are usually, but not always, a central component of inquests, if they had not been conducted prior to the commencement of the inquest.
   
   Pursuant to their statutory duties, coroners are responsible for the production and completion of various records and documents regarding a particular death under investigation. Centrally, coroners are generally responsible for signing death certificates, which indicate the manner of death. If an autopsy is performed, existing law requires coroners to take certain photograph and produce specific documentation regarding the procedure.^[11]
   
   This bill contains several provisions related to the duties and responsibilities of coroners, specifically in cases where there is “an identifiable history of domestic violence,” defined above. Specifically, this bill provides that it is the duty of the coroner to inquire into and determine the circumstances, manner, and cause of suicide where the deceased has a history of domestic violence, and authorizes the coroner to inquire into the death in consultation with a board-certified forensic pathologist, if the circumstances surrounding the death reasonably suggest domestic violence. The bill also permits the coroner to perform an autopsy of a decedent upon request by law enforcement where there is an identifiable history of domestic violence and one of the following conditions are present:

• The decedent died prematurely or in an untimely manner.
• The scene of the death gives the appearance of death due to suicide or accident.
• One partner wanted to end the relationship.
• There is a history of domestic violence that includes coercive control.
• The decedent is found dead in a home or place of residence.
• The decedent is found by a current or previous partner.
• There is a history of domestic violence that includes strangulation or suffocation.
• 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.
• The partner had control of the scene before law enforcement arrived.
• The body of the decedent has been moved or the scene or other evidence is altered in some way.

Another provision of this bill requires coroners, in cases where there is an identifiable history of domestic violence, to produce specified documents upon request by family members.

1. Argument in Support: According to the Alliance for Hope International, “Suspicious death cases where there is a history of domestic violence have been referred to as “hidden homicides” in recent groundbreaking work by Dr. Jane Monckton Smith in the United Kingdom (UK). Dr. Smith’s newest research estimates that in the UK (with a population of 38 million) there are 100-130 hidden homicides per year (Smith, 2019). In the United States (US), we refer to these cases as “staged crime scene” cases and experts are estimating there could be 800 – 1,200 “hidden homicides” in this country each year – the vast majority involving murdered women and no accountability for their killers (Turner-Little, 2022; Turvey, 2022).
   
   “These cases occur when a perpetrator of domestic violence kills his partner and then stages the scene to look like a suicide or an accident, avoiding accountability for murder. Crime scene staging research has found that most offenders who stage crime scenes are male, most victims are female, and the most common victim-offender relationship involving staging is intimate partner relationships (Turvey, 2016). Until recently, there has been no comprehensive, specialized training conference in the US with this focus. In collaboration with the U.S. Department of Justice, the Alliance now hosts such a course entitled: “Hidden Homicides: The Challenges of Staged Crime Scenes.”
   
   “While the staging of crime scenes has been happening for hundreds of years, the rise in domestic violence homicides and the rise in staged crime scenes both call for a focus on this issue (Hazelwood-Napier, 2016). Based on the cases the Alliance has handled in recent years, law enforcement is failing domestic violence homicide victims in California and across the US and the numbers of cases are not small. Our expert team believes hundreds of murders are being misidentified as suicides and/or accidents.
   
   “The gaps and challenges with this emerging issue are on full display in the death of Joanna Hunter Lewis in Vacaville, California in 2009. Joanna Hunter was married to an abusive husband with a long history of domestic violence. Nevertheless, when Joanna was found hanging by her bathrobe belt in 2009 in the master bedroom closet of the home she shared with her husband, the case was quickly closed as a “suicide.” Joanna died so young. She was at the time trying to leave her husband. She had experienced a history of domestic violence including strangulation assault. Her husband was the last person to see her alive. Her husband had access to her body before the police arrived. And the evidence indicated that the scene had been altered before the police arrived. No autopsy was conducted, and no homicide investigation was done. The case was closed with little scrutiny by local law enforcement.
   
   “Several years after Joanna’s death, her husband was arrested and prosecuted for attempting to firebomb the home of his girlfriend after she attempted to end the relationship. Similar factors present in Joanna’s case also existed with his new girlfriend. He served eight years in a California prison. Not until Joanna’s mother Patricia reached out to the Sacramento Regional Family Justice Center for counseling was any actual review done of Joanna’s case by and independent investigate team at The Justice Project, a program of San Diego-based Alliance for HOPE International. Our multi-disciplinary forensic team subsequently concluded that Joanna’s death was likely a staged crime scene and opined that Joanna was murdered in 2009.
   
   “Sadly, Joanna’s case is not unique. NBC’s Dateline recently featured the work of the Alliance’s forensic team in the case of Stacy Feldman in Denver, Colorado who died in 2015. At the time, investigators and the medical examiner’s office ruled her manner of death was “undetermined”. Her husband claimed she died after a fall in a bathtub. In Stacy’s case, the Justice Project Forensic team was able to successfully reopen her case after it was closed for two years. The Justice Project Team was fortunate to work with a committed homicide detective from the Denver Police Department who was suspicious that Stacy’s death was a murder but lacked the training and expertise to analyze the evidence. Our collaboration ultimately led to the conviction of Robert Feldman for the murder of Stacy Feldman (even after the case had been ruled as “undetermined” cause of death). Since the exposure on Dateline, the Alliance has been approached by a host of families asking for help in cases where a loved one died, and authorities concluded the death was an accident or a suicide in the face of overwhelming evidence of a staged crime scene with a long history of DV.
   
   “Seasoned investigators, medical examiners, and prosecutors can be misdirected by killers and erroneously find highly suspicious cases were suicides, accidents, or undetermined cause of death cases. In fact, Vernon Geberth, one of the leading experts in the field, believes there are seven major mistakes investigators make during a suicide investigation (Geberth, 2013). Strangulation cases, whether fatal or non-fatal, are easy to miss due to the lack of external visible injury (Gill, 2003). A victim of domestic violence can be strangled to death without any visible external injuries. Then, the killer can place a ligature around her neck and make it appear to be a suicide. Without a complete autopsy, forensic evidence can be lost even if the case is later determined to be suspicious. It is common for the victim’s partner to seek an immediate cremation, destroying potential forensic evidence which could be discovered in an autopsy.
   
   “The failure of law enforcement professionals to thoroughly investigate death cases, particularly in marginalized communities, with victims lacking privilege or status, and often with victims of color, has been recently documented in the work around missing or murdered indigenous persons by the U.S. Department of Justice. The rush to close cases and the failure to adequately investigate the history of the relationship often colors and biases the investigation. The Alliance has identified ten factors that point to a homicide rather than suicide or accident in intimate partner violence cases:

1. Victim dies prematurely;

2. The scene is made to appear like a suicide or accident scene;

3. One partner wanted to end the relationship;

4. There is a prior history of domestic violence with the current or previous partner;

5. The victim is found dead at home;

6. The victim is found by current or previous partner;

7. The prior identifiable history of domestic violence includes strangulation/suffocation;

8. The victim’s partner or former partner is the last to see the victim alive;

9. The partner has control of the crime scene before the police arrive, and

10. The crime scene has been altered in some way.

References: Bitton, Dayan, 2019(#1-6); Glass, Campbell, et al, 2008(#6); Parker, 2009(#8-9); Geberth, 2010(#10); Training Institute on Strangulation Prevention, Case Studies (2022).

“We have also identified lack of training as a key challenge. Most death investigators do not have specialized training in DV and do not work in a multi-disciplinary team (MDT). Most forensic medical examiners have not been trained in the dynamics of DV and often rely on the investigation by law enforcement to help determine the manner of death. Untrained investigators may be quick to call a case a suicide and not complete a comprehensive investigation. They may also fail to check for a prior DV history, talk to family members, conduct a post lethality risk assessment, or adequately assess suicidal ideation. FBI expert Mark Safarik, in People v. Jackson, 221 Cal.App.4th 1222 (2013), testified that “extensive staging is suggestive of someone who knows the victim. Staging is done to confuse the police because they know they are the logical suspect.”

“Legislators across the US have also called for better investigations. “Ensuring that the proper steps and procedures are taken at the scene of that death to reassure family members that the death was a natural one, a suicide or a homicide is a key element in maintaining citizen confidence in local officials. How local death investigations do their job is crucial to family Adkins, National Conference of State Legislators (2011). But no state has yet passed a law to ensure adequate investigations in these cases. California now has the chance to create a law that will be a model for the rest of the country.

“SB 989 provides key tools in the effort to better investigate suspicious death cases in California where there is a prior history of domestic violence. Congress has already recognized this important issue by enacting federal legislation entitled, The Homicide Victims’ Families Rights Act (Public Law 117-164 (2022)). This bi-partisan, new federal law provides legal remedies and administrative processes for unsolved homicides to be reevaluated and re-investigated with independent investigators once families can provide evidence of an incomplete investigation. During congressional hearings, surviving family members of homicide victims spoke regularly about being ignored, disenfranchised, and not even interviewed during investigations into the suspicious deaths of their loved ones. Federal law, however, only applies in federal cases and on property under federal jurisdiction. It provides no assistance to California families dealing with similar cases. SB 989 will incorporate federal law into California law and provide a clear vehicle for independent case review when families need immediate assistance.

“With the passage of SB 989, California will create a national model statute that can and will be replicated in other states. It will ensure the voices and rights of family members dealing with the tragic death of a loved one will be heard and honored. It will also provide access to records when formal investigations are concluded to allow family members to seek an independent review of previous findings. SB 989 will help equip and support professionals across California in the handling of staged crime scene death cases where there is a history of DV.

“The murder of a DV victim is the ultimate robbery of hope – the inability to ever experience healing, autonomy, agency, and a future free of violence. SB 989 can reduce the failures of law enforcement professionals in the handling of suspicious death cases where there is a prior history of DV. We welcome the opportunity to address one of the greatest failures in the California criminal justice system today – letting domestic violence offenders get away with murder.”

1. Argument in Opposition: None.
   
2. Related Legislation: AB 2913 (Gibson), would require a law enforcement agency, as specified, to perform a review of any open homicide investigation case file, upon written application by a designated person, as defined, to determine if reinvestigation would result in probative investigative leads. AB 2913 was held in suspense in the Assembly Appropriations Committee.
   
3. Prior Legislation:
   
   1. SB 863 (Min), Chapter 986, Statutes of 2022, authorized interagency domestic violence death review teams (DVDRT) to assist local agencies in identifying and reviewing near-death domestic violence cases, as specified.
      
   2. SB 1331 (Jackson), Chapter 137, Statutes of 2018, requires the Commission on Peace Officer Standards and Training (POST) to include procedures and techniques for assessing signs of lethal violence in domestic violence situations in the existing training course for law enforcement officers in the handling of domestic violence complaints.
      
   3. SB 1421 (Skinner), Chapter 988, Statutes of 2018, permits inspection of specified peace and custodial officer records related to officer involved misconduct pursuant to the CPRA.
      
   4. SB 218 (Solis), Chapter 662, Statutes of 1999, established broad authorization for disclosures between and with DVDRT members.
      
   5. SB 1320 (Solis), Chapter 710, Statutes 1995, authorized counties to establish interagency teams to assist local agencies in identifying and reviewing domestic violence deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases.

REGISTERED SUPPORT / OPPOSITION:

Support

Academy of Forensic Nursing
Alliance for Hope International
California District Attorneys Association
California Professional Firefighters
California Sexual Assault Forensic Examiner Association
Fbs International -- Mark E. Safarik M.s., V.s.m, Supervisory Fbi Agent (RET.)
Junior Leagues of California State Public Affairs Committee
Los Angeles County District Attorney's Office
Peace Officers Research Association of California (PORAC)
San Diego County District Attorney's Office
San Diego; County of
San Francisco Safehouse
Training Institute on Strangulation Prevention
Voices Survivor Advocacy Network

Oppose

None

Analysis Prepared by: Andrew Ironside / PUB. S. / (916) 319-3744

1. Townsend, Meg et. al, “Law Enforcement Response to Domestic Violence Calls for Service,” ASP Task Order 99-C-008-Task039, published February 1, 2005. Law Enforcement Response to Domestic Violence Calls for Service (ojp.gov) ↑

2. “Fast Facts: Preventing Intimate Partner Violence.” Centers for Disease Control and Prevention. Fast Facts: Preventing Intimate Partner Violence |Violence Prevention|Injury Center|CDC ↑

3. Bitton, Yifat and Hava Dayan. “’The Perfect Murder’: An Exploratory Study of Staged Murder Scenes and Concealed Femicide.” The British Journal of Criminology, Volume 59, Issue 5, September 2019, Pages 1054–1075. ‘The Perfect Murder’: An Exploratory Study of Staged Murder Scenes and Concealed Femicide | The British Journal of Criminology | Oxford Academic (oup.com) ↑

4. Ibid, at 1056. ↑

5. Ibid, at 1067. ↑

6. “What are the predictors of staged suicide scenes in domestic violence cases?” Police 1. 23 February 2023. What are the predictors of staged suicide scenes in domestic violence cases? (police1.com) ↑

7. Govt. Code §27491, (a), (b), §§ 27491.2, 27491.5 ↑

8. Govt. Code §§ 27491.4(c), 27491.43(c). ↑

9. Govt. Code §27520. ↑

10. Govt. Code § 27491.6. ↑

11. Govt. Code §27521(c). ↑

 THIRD READING  

Bill No: SB 989

Author: Ashby (D) and Rubio (D), et al.

Amended: 5/20/24

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/16/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Wahab

NO VOTE RECORDED: Seyarto

SUBJECT: Domestic violence: deaths

SOURCE: Alliance for HOPE International

DIGEST:

This bill 1) authorizes family members of a deceased individual to obtain copies of photos and other specified media related to the body of the individual for use in a civil action, as specified; 2) specifies that coroners must inquire into and determine the circumstances, manner and cause of death in suicides where the individual has a history of being victimized by domestic violence, as specified; 3) requires law enforcement officers, prior to making findings as to the cause of death of a deceased individual with an identifiable history of domestic violence to interview family members, as specified; 4) authorizes law enforcement to request a complete autopsy in cases where the decedent had a history of being victimized by domestic violence; 5) requires domestic violence training provided by the Commission on Peace Officer Standards and Training (POST) to include training on specified indicators of domestic homicide in suspicious death cases.

Senate Floor Amendments of 5/20/24 add a statement of legislative intent, recast provisions of the bill related to law enforcement responsibilities when investigating a death where the decedent has an identifiable history of domestic violence, and remove provisions of the bill authorizing family of the decedent to request an independent review of a case by a second agency after it has been closed by the primary investigating agency.

ANALYSIS:

Existing law:

1. Defines domestic violence as abuse perpetrated against any of the following persons:
   1. A spouse or former spouse.
   2. A cohabitant or former cohabitant, as defined.
   3. A person with whom the respondent is having or has had a dating or engagement relationship.
   4. A person with whom the respondent has had a child, as specified.
   5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified.
   6. Any other person related by consanguinity or affinity within the second degree. (Family Code § 6211)
2. Provides that regardless of when it was made, 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 post mortem examination or autopsy, shall not be made or disseminated except as follows:
   1. For use in a criminal action or proceeding in this state that relates to the death of that person.
   2. As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
   3. For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if the coroner receives written authorization from the legal heir or representative of the deceased or if a subpoena is issued by a party who is legal heir or representative of the deceased person in a pending civil action. (Code of Civil Procedure §129, subd. (a), (c))
3. Requires that all of the following shall be provided to the coroner in order to verify the identity of the legal heir or representative:
   1. A declaration under penalty of perjury that the individual is the legal heir or representative of the deceased.
   2. A valid form of identification.
   3. A certified death certificate. (Code of Civil Procedure §129, subd. (a)(3)(A))
4. Provides that the above restriction does not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation. (Code of Civil Procedure §129, subd. (b))
5. Requires coroners to determine the manner, circumstances and cause of death in various specified circumstances, including violent, sudden, unusual or deaths, known or suspected homicide, suicide or accidental poisoning, and deaths in whole or in part occasioned by criminal means, among others. (Government Code (Gov. Code) § 27491)
6. Requires the coroner or a deputy to sign the certificate of death when they perform a mandatory inquiry. (Gov. Code, § 27491, subd. (a))
7. Allows the coroner or medical examiner discretion when determining the extent of the inquiry required to determine the manner, circumstances and cause of death. (Gov. Code § 27491, subd. (b))
8. Provides that in all cases in which a person has died under circumstances that afford a reasonable ground to suspect that the person’s death has been occasioned by the act of another by criminal means, the coroner, upon determining that those reasonable grounds exist, shall immediately notify the law enforcement agency having jurisdiction over the criminal investigation, as specified. (Gov. Code § 27491.1)
9. Provides that the cause of death appearing on a certificate of death signed by the coroner shall be in conformity with facts ascertained from inquiry, autopsy and other scientific findings, and prohibits the coroner from finally excluding crime, suicide or accident as a cause of death because of lack of evidence. (Gov. Code § 27491.5)
10. Requires the coroner or medical examiner to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has not already been performed. (Gov. Code § 27520, subd. (a))
11. Allows the coroner or medical examiner discretion to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has already been performed. (Gov. Code § 27520, subd. (b))
12. Authorizes counties to establish interagency domestic violence death review teams to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. (Penal Code (Pen. Code) § 11163.3)
13. States that the content of a death certificate must include, among other things, personal data of the decedent, date of death, place of death, disease or conditions leading directly to death and antecedent causes, accident and injury information, and information regarding pregnancy. (Health & Safety Code (Health & Saf. Code) § 102875)
14. Requires a physician and surgeon, physician assistant, funeral director, or other person to notify the coroner when they have knowledge that a death occurred, or if they have charge of a body in which death occurred under certain specified conditions. (Health & Saf. Code § 102850)
15. Requires an attending physician’s certificate be completed within 15 hours of death, or, if a coroner examined the body, within three days after examination of the body. (Health & Saf. Code § 102800)
16. Requires the POST to implement a course of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and enforcement, which must include specified topics related to domestic violence. (Pen. Code § 13519, subds. (a), (c))
17. Requires 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. (Pen. Code § 13519, subds. (g))

This bill:

1. Authorizes family members of a deceased individual who was subject to an autopsy to submit a written request to the coroner to obtain copies, reproductions, or facsimiles of photos and other media related to the body of the deceased for use in a civil action, provided that they provide a written declaration and other identity verification to the coroner.
2. Defines “family member” for the purposes of the above provision to include a parent, sibling or child of the deceased.
3. Provides that it is a duty of the coroner to inquire into and determine the circumstances, manner, and cause of all deaths known or suspected as due to suicide where the deceased has a history of being victimized by domestic violence.
4. Provides that, 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, the coroner may conduct the inquiry in consultation with a board-certified pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, prior to making any findings as to the manner and cause of a deceased individual with an identifiable history of domestic violence, and in the presence of 3 or more factors listed in point (6) below) to interview family members, including next of kin, parents, siblings, or other close relatives of the decedent who possess relevant information regarding that history of domestic violence.
6. Permits law enforcement investigators to request a complete autopsy in a case where they have determined that there is an identifiable history of 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 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 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.
7. Requires sworn law enforcement personnel investigating a death where it has been determined that the decedent has an identifiable history of domestic violence shall be current in their training related to domestic violence incidents.
8. Provides that, during the pendency of the investigation under the above provision or any subsequent independent review, family members shall have access to all victim services and support provided under Title 17 of Part 1 of the Penal Code.
9. Provides that, in the event that a local law enforcement agency makes a finding that a death is not a homicide under point (7) above 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.
10. Provides that the provisions of this bill do 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; and that they do not impose any additional liability on a local law enforcement agency for its investigation of existing cases or its investigative conclusions in those cases.
11. Defines the following terms:
    1. “Identifiable history of domestic violence” means demonstrable past incidents of being victimized by violence that may be verified by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates such incidents.
    2. “Partner” means a spouse, former spouse, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.
    3. “Domestic violence” has the same meaning as used in the Domestic Violence Protection Act
12. Adds, to the course of basic training for law enforcement officers on the handling of domestic violence complaints, instruction on the indicators of domestic homicide in point (6) above.

Comments

According to the Author, “SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.

“Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.

“SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced.”

Under existing law, it is the duty of the county coroner to inquire into and determine the circumstances, manner and cause of deaths that occur within their jurisdiction, including violent, sudden or unusual deaths, unattended deaths, known or suspected homicide, suicide or accidental poisoning, deaths from or related to injury or accident, and death in whole or in part occasioned by criminal means, among others. Existing law also authorizes the coroner to perform an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means. The coroner is required to perform an autopsy if the surviving spouse requests them to do so in writing. If there is no surviving spouse, that right devolves to a surviving parent or child, and subsequently, if there is no surviving parent or child, to the next of kin.

This bill specifies that in addition to apparent suicides, coroners must inquire into and determine the circumstances, manner and cause of death in suicides where the deceased has a history of being victimized by domestic violence, and 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 domestic violence, authorizes the coroner to conduct the inquiry in consultation with a board-certified forensic pathologist.

Additionally, this bill requires law enforcement investigators, when investigating a death where the decedent has an identifiable history of domestic violence, to interview family members, as specified, regarding that history of domestic violence. If the victim has such a history, this bill authorizes them to request a complete autopsy from the coroner, provided one of several specified indicators of domestic homicide is also present. In the event that law enforcement investigators make a finding that the death was not a homicide and close the case, this bill authorizes the family of the decedent to request any and all records of the investigation currently available under the California Public Records Act. Finally, this bill adds instruction on the various indicators of domestic homicide listed above to the domestic violence training mandated under existing law and provided by POST.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• Unknown, potentially significant costs (local funds, General Fund) to coroners and local law enforcement officers when investigating apparent cases of suicide in which the deceased may have been a victim of domestic violence that could potentially be subject to reimbursement by the state.
  
• Commission on Peace Officer Standards and Training indicates minor and absorbable costs associated with additional training requirements for law enforcement officers.

SUPPORT: (Verified 5/16/24)

Alliance for HOPE International (source)

Academy of Forensic Nursing

California District Attorneys Association

California Professional Firefighters

California Sexual Assault Forensic Examiner Association

County of San Diego

Forensic Behavioral Services Inc.

Junior Leagues of California State Public Affairs Committee

Peace Officers’ Research Association of California

San Diego County District Attorney’s Office

Training Institute on Strangulation Prevention

Voices Survivor Advocacy Network

2 individuals

OPPOSITION: (Verified 5/16/24)

Riverside County Sheriffs Office

Prepared by: Alex Barnett / PUB. S. /

5/21/24 12:46:23

**** END ****

 THIRD READING  

Bill No: SB 989

Author: Ashby (D), et al.

Amended: 4/25/24

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/16/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE JUDICIARY COMMITTEE: 11-0, 4/23/24

AYES: Umberg, Wilk, Allen, Ashby, Caballero, Durazo, Gonzalez, Laird, Min, Niello, Wahab

SENATE APPROPRIATIONS COMMITTEE: 6-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Wahab

NO VOTE RECORDED: Seyarto

SUBJECT: Domestic violence: deaths

SOURCE: Alliance for HOPE International

DIGEST:

This bill 1) authorizes family members of a deceased individual to obtain copies of photos and other specified media related to the body of the individual for use in a civil action, as specified; 2) specifies that coroners must inquire into and determine the circumstances, manner and cause of death in suicides where the individual has a history of being victimized by domestic violence, as specified; 3) requires law enforcement officers, prior to making findings as to the cause of death of a deceased individual, to take specified actions during the investigation; 4) authorizes law enforcement to request a complete autopsy in cases where the decedent had a history of being victimized by domestic violence; 5) authorizes the family of a deceased individual where law enforcement have ruled out homicide to request an independent investigation, as specified; 6) requires domestic violence training provided by POST to include training on specified indicators of domestic homicide in suspicious death cases.

ANALYSIS:

Existing law:

1. Defines domestic violence as abuse perpetrated against any of the following persons:
   1. A spouse or former spouse.
   2. A cohabitant or former cohabitant, as defined.
   3. A person with whom the respondent is having or has had a dating or engagement relationship.
   4. A person with whom the respondent has had a child, as specified.
   5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified.
   6. Any other person related by consanguinity or affinity within the second degree. (Family Code § 6211.)
2. Provides that regardless of when it was made, 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 post mortem examination or autopsy, shall not be made or disseminated except as follows:
   1. For use in a criminal action or proceeding in this state that relates to the death of that person.
   2. As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
   3. For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if the coroner receives written authorization from the legal heir or representative of the deceased or if a subpoena is issued by a party who is legal heir or representative of the deceased person in a pending civil action. (Code of Civil Procedure, §129, subd. (a), (c).)
3. Requires that all of the following shall be provided to the coroner in order to verify the identity of the legal heir or representative:
   1. A declaration under penalty of perjury that the individual is the legal heir or representative of the deceased.
   2. A valid form of identification.
   3. A certified death certificate. ((Code of Civil Procedure, §129, subd. (a)(3)(A).)
4. Provides that the above restriction does not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation. (Code of Civil Procedure, §129, subd. (b).)
5. Requires coroners to determine the manner, circumstances and cause of death in various specified circumstances, including violent, sudden, unusual or deaths, known or suspected homicide, suicide or accidental poisoning, and deaths in whole or in part occasioned by criminal means, among others. (Gov. Code, § 27491.)
6. Requires the coroner or a deputy to sign the certificate of death when they perform a mandatory inquiry. (Gov. Code, § 27491, subd. (a).)
7. Allows the coroner or medical examiner discretion when determining the extent of the inquiry required to determine the manner, circumstances and cause of death. (Gov. Code, § 27491, subd. (b).)
8. Provides that in all cases in which a person has died under circumstances that afford a reasonable ground to suspect that the person’s death has been occasioned by the act of another by criminal means, the coroner, upon determining that those reasonable grounds exist, shall immediately notify the law enforcement agency having jurisdiction over the criminal investigation, as specified. (Gov. Code, § 27491.1)
9. Provides that the cause of death appearing on a certificate of death signed by the coroner shall be in conformity with facts ascertained from inquiry, autopsy and other scientific findings, and prohibits the coroner from finally excluding crime, suicide or accident as a cause of death because of lack of evidence. (Gov. Code, § 27491.5.)
10. Requires the coroner or medical examiner to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has not already been performed. (Gov. Code, § 27520, subd. (a).)
11. Allows the coroner or medical examiner discretion to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has already been performed. (Gov. Code, § 27520, subd. (b).)
12. Authorizes counties to establish interagency domestic violence death review teams to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. (Pen. Code § 11163.3.)
13. States that the content of a death certificate must include, among other things, personal data of the decedent, date of death, place of death, disease or conditions leading directly to death and antecedent causes, accident and injury information, and information regarding pregnancy. (Health & Saf. Code, § 102875.)
14. Requires a physician and surgeon, physician assistant, funeral director, or other person to notify the coroner when they have knowledge that a death occurred, or if they have charge of a body in which death occurred under certain specified conditions. (Health & Saf. Code, § 102850.)
15. Requires an attending physician’s certificate be completed within 15 hours of death, or, if a coroner examined the body, within three days after examination of the body. (Health & Saf. Code, § 102800.)
16. Requires the Commission on Peace Officer Standards and training (POST) to implement a course of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and enforcement, which must include specified topics related to domestic violence. (Pen. Code, § 13519, subds. (a), (c).)
17. Requires 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. (Pen. Code, § 13519, subds. (g).)

This bill:

1. Authorizes family members of a deceased individual who was subject to an autopsy to submit a written request to the coroner to obtain copies, reproductions, or facsimiles of photos and other media related to the body of the deceased for use in a civil action, provided that they provide a written declaration and other identity verification to the coroner.
2. Defines “family member” for the purposes of the above provision to include a parent, sibling or child of the deceased.
3. Provides that it is a duty of the coroner to inquire into and determine the circumstances, manner, and cause of all deaths known or suspected as due to suicide where the deceased has a history of being victimized by domestic violence.
4. Provides that, 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, the coroner may conduct the inquiry in consultation with a board-certified pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, prior to making any findings as to the manner and cause of a deceased individual, to do all of the following:
   1. Make a determination as to whether the decedent has an identifiable history of domestic violence.
   2. Interview family members, including next of kin, parents, siblings, or other close relatives of the decedent regarding whether the deceased has been victimized by domestic violence.
6. Permits law enforcement investigators to request a complete autopsy in a case where they have determined that there is an identifiable history of 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 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 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.
7. Requires sworn law enforcement personnel investigating a death where it has been determined that the decedent has an identifiable history of domestic violence shall be current in their training related to domestic violence incidents.
8. Provides that, during the pendency of the investigation under the above provision or any subsequent independent review, family members shall have access to all victim services and support provided under Title 17 of Part 1 of the Penal Code.
9. Provides that, in the event that a local law enforcement agency makes a finding that a death is not a homicide under point (7) above 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.
10. Permits a family member of the decedent to request an independent review of the findings of a local law enforcement agency in a case described in point (6) above to be performed by another law enforcement agency in the county where the death occurred. That agency shall be identified at the discretion of the original investigating agency.
11. Provides that, in the event the investigating agency in point (10) cannot identify an agency to assist with an independent review, the family may seek out any qualified public or private nonprofit agency authorized by the United States Department of Justice to train law enforcement professionals on the handling of suspicious death cases.
12. Provides that, following a request in (10), the local law enforcement agency shall provide all available information to the independent reviewing agency, including all findings and conclusions, for review subject to any required confidentiality agreement to ensure no records are publicly released without authorization from the local law enforcement agency or by court order.
13. Provides that the provisions of this bill do 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; and that they do not impose any additional liability on a local law enforcement agency for its investigation of existing cases or its investigative conclusions in those cases.
14. Defines the following terms:
    1. “Identifiable history of domestic violence” means demonstrable past incidents of being victimized by violence that may be verified by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates such incidents.
    2. “Partner” means a spouse, former spouse, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.
    3. “Domestic violence” has the same meaning as used in the Domestic Violence Protection Act
15. Adds, to the course of basic training for law enforcement officers on the handling of domestic violence complaints, instruction on the indicators of domestic homicide in point (6) above.

Comments

According to the Author:

“SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.

Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.

SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced.”

Under existing law, it is the duty of the county coroner to inquire into and determine the circumstances, manner and cause of deaths that occur within their jurisdiction, including violent, sudden or unusual deaths, unattended deaths, known or suspected homicide, suicide or accidental poisoning, deaths from or related to injury or accident, and death in whole or in part occasioned by criminal means, among others. Existing law also authorizes the coroner to perform an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means.^[1] The coroner is required to perform an autopsy if the surviving spouse requests them to do so in writing. If there is no surviving spouse, that right devolves to a surviving parent or child, and subsequently, if there is no surviving parent or child, to the next of kin.

This bill specifies that in addition to apparent suicides, coroners must inquire into and determine the circumstances, manner and cause of death in suicides where the deceased has a history of being victimized by domestic violence, and 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 domestic violence, authorizes the coroner to conduct the inquiry in consultation with a board-certified forensic pathologist.

Additionally, the bill requires law enforcement investigators, when investigating a death, to take two actions prior to making any findings regarding cause of death: first, they must make a determination as to whether the decedent had an identifiable history of being victimized by domestic violence, and second, they must interview family members, as specified, regarding whether the deceased had been victimized by domestic violence. If the victim has such a history, the bill authorizes them to request a complete autopsy from the coroner, provided one of several specified indicators of domestic homicide is also present. In the event that law enforcement investigators make a finding that the death was not a homicide and close the case, the bill grants family members the right to request an independent review of that case by another neighboring law enforcement agency. However, that second agency is not required to complete the independent review if it is for some reason unable to do so. Finally, the bill adds instruction on the various indicators of domestic homicide listed above to the domestic violence training mandated under existing law and provided by POST.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• Unknown, potentially significant costs (local funds, General Fund) to coroners and local law enforcement officers when investigating apparent cases of suicide in which the deceased may have been a victim of domestic violence that could potentially be subject to reimbursement by the state.
  
• Commission on Peace Officer Standards and Training indicates minor and absorbable costs associated with additional training requirements for law enforcement officers.

SUPPORT: (Verified 5/16/24)

Alliance for HOPE International (Source)

Academy of Forensic Nursing

California District Attorneys Association

California Professional Firefighters

California Sexual Assault Forensic Examiner Association

County of San Diego

Forensic Behavioral Services Inc.

Junior Leagues of California State Public Affairs Committee

Peace Officers’ Research Association of California (PORAC)

San Diego County District Attorney’s Office

Training Institute on Strangulation Prevention

Voices Survivor Advocacy Network

2 individuals

OPPOSITION: (Verified 5/16/24)

Riverside County Sheriffs Office

Prepared by: Alex Barnett / PUB. S. /

5/17/24 11:56:21

**** END ****

1. Govt. Code §§ 27491.4(c), 27491.43(c). ↑

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: SB 989 Hearing Date: April 16, 2023

Subject: Domestic violence: deaths

HISTORY

Source: Alliance for HOPE International

Prior Legislation: SB 863 (Min), Ch. 986, Stats. of 2022

SB 1331 (Jackson), Ch. 137, Stats. of 2018

SB 1230 (Solis), Ch. 710, Stats. 1995

Support: Academy of Forensic Nursing; California District Attorneys Association; California Sexual Assault Forensic Examiner Association; Forensic Behavioral Services Inc.; Peace Officers’ Research Association of California (PORAC); San Diego County District Attorney’s Office; Training Institute on Strangulation Prevention; Voices Survivor Advocacy Network; 2 individuals

Opposition: None known

PURPOSE

The purpose of this bill is to:

1. Authorize family members to obtain a copy, reproduction or facsimile of a photograph taken of a deceased person in a case where the decedent had a history of domestic violence.
2. Specify that coroners are responsible for inquiring into and determining the circumstances of suicides where the deceased has a history of domestic violence, and authorize coroners to conduct the inquiry in consultation with a board-certified pathologist in such cases.
3. Creates a presumption that a death in cases where there is an identifiable history of domestic violence be presumed suspicious, and requires law enforcement to request an autopsy in such cases where an additional specified condition is present.
4. Authorizes families of decedents in such cases where the investigating agency determines that a death is not a homicide and closes the case to request records of the investigation, as specified, and request an independent review of the case by a second law enforcement agency, if one can be identified.

Existing law defines domestic violence as abuse perpetrated against any of the following persons:

• A spouse or former spouse.
• A cohabitant or former cohabitant, as defined.
• A person with whom the respondent is having or has had a dating or engagement relationship.
• A person with whom the respondent has had a child, as specified.
• A child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified.
• Any other person related by consanguinity or affinity within the second degree. (Family Code § 6211.)

Existing law provides that regardless of when it was made, 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 post mortem examination or autopsy, shall not be made or disseminated except as follows:

• For use in a criminal action or proceeding in this state that relates to the death of that person.
• As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made.
• For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if the coroner receives written authorization from the legal heir or representative of the deceased or if a subpoena is issued by a party who is legal heir or representative of the deceased person in a pending civil action. (Code of Civil Procedure, §129, subd. (a), (c).)

Existing law requires that all of the following shall be provided to the coroner in order to verify the identity of the legal heir or representative:

• A declaration under penalty of perjury that the individual is the legal heir or representative of the deceased.
• A valid form of identification.
• A certified death certificate. ((Code of Civil Procedure, §129, subd. (a)(3)(A).)

Existing law provides that the above restriction does not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation. (Code of Civil Procedure, §129, subd. (b).)

This bill provides that in addition to a legal heir or representative, a family member in a case where there is an identifiable history of domestic violence against the deceased may submit written authorization to the coroner to receive a copy, reproduction, facsimile of image or video recording for use or potential use in a civil action or proceeding that relates to the death of that person.

This bill, in order to receive the copy of the image or video, requires the family member to submit to the coroner a declaration under penalty of perjury that they are a family member of the deceased, a valid form of identification, and a certified death certificate.

This bill, for the purposes of the provisions above, defines various terms as follows:

• “Domestic violence” has the same meaning as set forth in Family Code § 6211 (see p.1).
• “Family member” means a parent, sibling, or child of the deceased.

Existing law requires coroners to determine the manner, circumstances and cause of death in the following circumstances:

• • Violent, sudden or unusual deaths;
    
  • Unattended deaths;
    
  • When the deceased was not attended by a physician, or registered nurse who is part of a hospice care interdisciplinary team, in the 20 days before death;
    
  • When the death is related to known or suspected self-induced or criminal abortion;
    
  • Known or suspected homicide, suicide or accidental poisoning;
    
  • Deaths suspected as a result of an accident or injury either old or recent;
    
  • Drowning, fire, hanging, gunshot, stabbing, cutting, exposure, starvation, acute alcoholism, drug addiction, strangulation, aspiration, or sudden infant death syndrome;
    
  • Deaths in whole or in part occasioned by criminal means;
    
  • Deaths associated with a known or alleged rape or crime against nature;
    
  • Deaths in prison or while under sentence;
    
  • Deaths known or suspected as due to contagious disease and constituting a public hazard;
    
  • Deaths from occupational diseases or occupational hazards;
    
  • Deaths of patients in state mental hospitals operated by the State Department of State Hospitals;
    
  • Deaths of patients in state hospitals serving the developmentally disabled operated by the State Department of Development Services;
    
  • Deaths where a reasonable ground exists to suspect the death was caused by the criminal act of another; and,
  • Deaths reported for inquiry by physicians and other persons having knowledge of the death. (Gov. Code, § 27491.)

Existing law requires the coroner or a deputy to sign the certificate of death when they perform a mandatory inquiry. (Gov. Code, § 27491, subd. (a).)

Existing law allows the coroner or medical examiner discretion when determining the extent of the inquiry required to determine the manner, circumstances and cause of death. (Gov. Code, § 27491, subd. (b).)

Existing law provides that in all cases in which a person has died under circumstances that afford a reasonable ground to suspect that the person’s death has been occasioned by the act of another by criminal means, the coroner, upon determining that those reasonable grounds exist, shall immediately notify the law enforcement agency having jurisdiction over the criminal investigation, as specified. (Gov. Code, § 27491.1)

Existing law provides that the cause of death appearing on a certificate of death signed by the coroner shall be in conformity with facts ascertained from inquiry, autopsy and other scientific findings, and prohibits the coroner from finally excluding crime, suicide or accident as a cause of death because of lack of evidence. (Gov. Code, § 27491.5.)

Existing law requires the coroner or medical examiner to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has not already been performed. (Gov. Code, § 27520, subd. (a).)

Existing law allows the coroner or medical examiner discretion to conduct an autopsy at the request of the surviving spouse or other specified persons when an autopsy has already been performed. (Gov. Code, § 27520, subd. (b).)

Existing law authorizes counties to establish interagency domestic violence death review teams to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. (Pen. Code § 11163.3.)

Existing law states that the content of a death certificate must include, among other things, personal data of the decedent, date of death, place of death, disease or conditions leading directly to death and antecedent causes, accident and injury information, and information regarding pregnancy. (Health & Saf. Code, § 102875.)

Existing law requires a physician and surgeon, physician assistant, funeral director, or other person to notify the coroner when they have knowledge that a death occurred, or if they have charge of a body in which death occurred under any of the following, among others:

• • Without medical attendance;
    
  • During continued absence of attending physician and surgeon;
    
  • Where attending physician and surgeon, or physician assistant is unable to state cause of death; and,
    
  • Reasonable suspicion to suspect death was caused by criminal act. (Health & Saf. Code, § 102850.)

Existing law requires an attending physician’s certificate be completed within 15 hours of death, or, if a coroner examined the body, within three days after examination of the body. (Health & Saf. Code, § 102800.)

Existing law requires the Commission on Peace Officer Standards and training (POST) to implement a course of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints and enforcement, which must include specified topics related to domestic violence. (Pen. Code, § 13519, subds. (a), (c).)

Existing law requires 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. (Pen. Code, § 13519, subds. (g).)

This bill clarifies that it is the duty of the coroner to investigate suicide, including suicide where the deceased has a history of domestic violence.

This bill provides that 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, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.

This bill provides that an investigation into a death where the decedent has an identifiable history of domestic violence shall be presumed to be a suspicious death case for the purposes of investigation, scene documentation, coroner evaluation, and interviews of witnesses.

This bill requires all personnel investigating a death that is presumed to be suspicious per the above to be trained in the identification and detection of staged crime scene cases, domestic violence, including strangulation assaults, and in working with a multidisciplinary team in the handling of domestic violence cases.

This bill requires family members, including next of kin, parents, siblings, or other close relatives of the decedent, to be interviewed in all such cases prior to any findings being made as to manner and cause of death.

This bill requires law enforcement investigators to request a complete autopsy in a case where there is an identifiable history of domestic violence and any of the following conditions are present:

• The decedent died prematurely or in an untimely manner.
• The scene of the death gives the appearance of death due to suicide or accident.
• One partner wanted to end the relationship.
• There is a history of domestic violence that includes coercive control.
• The decedent is found dead in a home or place of residence.
• The decedent is found by a current or previous partner.
• There is a history of domestic violence that includes strangulation or suffocation.
• 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.
• The partner had control of the scene before law enforcement arrived.
• The body of the decedent has been moved or the scene or other evidence is altered in some way.

This bill provides that during the pendency of the investigation and any review, as specified, family members shall have access to all victim services and support provided in specified sections of the Penal Code.

This bill specifies that 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.

This bill authorizes a family member of the decedent to request an independent review of the findings of a local law enforcement agency in a suspicious death case be performed by another law enforcement agency in the county where the death occurred. The second reviewing agency shall be identified at the discretion of the original investigation agency

This bill, in the event the original investigating agency cannot identify an agency to assist with an independent review, authorizes the family may seek out any qualified public or private nonprofit agency authorized by the United States DOJ to train law enforcement professionals on the handling of suspicious death cases.

This bill provides that following a request that a second agency review the original agency’s investigation, the original agency shall provide all available information to the independent reviewing agency including all findings and conclusions, for review subject to any required confidentiality agreement to ensure no records are publicly released without authorization from the local law enforcement agency or by court order.

This bill specifies that it 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; it also 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.

This bill defines the term “partner” for the purposes of its provisions as 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.

This bill defines “identifiable history of domestic violence” for the purposes of its provisions as a history of domestic violence that may be determined by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of domestic violence.

This bill sets forth various legislative findings and declarations.

COMMENTS

1. Need for This Bill

According to the Author:

SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.

Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.

SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced.

1. Domestic Violence and Staged Suicide

The 1970s and 1980s saw a growing awareness of the prevalence and severity of domestic violence, particularly intimate partner violence (IPV). This distressing trend led to mounting calls for major reforms regarding criminal penalties for and law enforcement response to domestic violence incidents. By the early 2000s, while some reforms had taken hold on both a national and local scale, it was clear from data collected on IPV and law enforcement handling of IPV cases that far more sweeping changes were needed in order to adequately address the IPV crisis.^[1] Today, IPV remains a significant public health issue that has many individual and societal costs. Recent data suggests that about 1 in 5 homicide victims are killed by an intimate partner, and over half of female homicide victims in the United States are killed by a current or former male intimate partner.^[2]

Another recent study has explored a rare yet appalling phenomenon within the IPV context: staged suicides. According to the authors of that study:

Current criminological analysis fails to recognize homicide cases of women with characteristics typical to women’s life experience. This failure helps conceal the fact of their homicide-induced death, rendering these cases ‘conncealed femicide.’ […] The elusive nature of concealed femicides, which do not display external physiological signs that might suggest a homicidal cause of death (such as cutting/shooting/strangulation wounds), assign them, almost automatically, a non-criminal classification. Unless such deaths are known or suspected to be unnatural, they normally go uninvestigated.^[3]

The study highlights other research showing that the most common victim-offender relationship involving scene staging is an intimate partner relationship, and most staged homicides involve the killing of an intimate partner.^[4] Moreover, in summarizing their data, the authors of the study identify 6 predictive factors that, when present, suggest foul play:

• A premature death when the deceased was in apparent good health.
• Death by suicide.
• Evidence that one of the partners wished to terminate the relationship.
• Prior domestic violence on the part of the deceased’s partner.
• The deceased was found dead in her home.
• The deceased was found dead by her current or previous partner.^[5]

The sponsor of this bill, the Alliance for HOPE International, has identified four additional risk factors that can predict IPV-related staged suicide scenes:

• A prior history of domestic violence that includes strangulation/suffocation.
• The deceased’s partner was the last to see her/him alive.
• The surviving partner had control of the crime scene.
• The body had been moved or the scene/evidence had been altered in some way.^[6]

This research, and the 10 risk factors listed above, provide the backdrop and impetus for this bill.

1. Duties of the Coroner

Under existing law, it is the duty of the county coroner to inquire into and determine the circumstances, manner and cause of deaths that occur within their jurisdiction, including violent, sudden or unusual deaths, unattended deaths, known or suspected homicide, suicide or accidental poisoning, deaths from or related to injury or accident, and death in whole or in part occasioned by criminal means, among others.^[7] Existing law also authorizes the coroner to perform an autopsy upon any victim of sudden, unexpected, or unexplained death or any death known or suspected of resulting from an accident, suicide, or apparent criminal means.^[8] The coroner is required to perform an autopsy if the surviving spouse requests them to do so in writing. If there is no surviving spouse, that right devolves to a surviving parent or child, and subsequently, if there is no surviving parent or child, to the next of kin.^[9]

Coroners are also authorized to conduct inquests, or more formal investigations into the cause of a death, of their own volition, and are required to conduct them if requested to do so by the Attorney General, district attorney, sheriff, city prosecutor, city attorney or chief of police in their jurisdiction.^[10] Autopsies are usually, but not always, a central component of inquests, if they had not been conducted prior to the commencement of the inquest.

Pursuant to their statutory duties, coroners are responsible for the production and completion of various records and documents regarding a particular death under investigation. Centrally, coroners are generally responsible for signing death certificates, which indicate the manner of death. If an autopsy is performed, existing law requires coroners to take certain photograph and produce specific documentation regarding the procedure.^[11]

This bill contains several provisions related to the duties and responsibilities of coroners, specifically in cases where there is “an identifiable history of domestic violence,” which the bill defines as “a history of domestic violence that may be determined by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of domestic violence.” Specifically, this bill provides that it is the duty of the coroner to inquire into and determine the circumstances, manner, and cause of suicide where the deceased has a history of domestic violence, and authorizes the coroner to inquire into the death in consultation with a board-certified forensic pathologist, if the circumstances surrounding the death reasonably suggest domestic violence. The bill also permits the coroner to perform an autopsy of a decedent upon request by law enforcement where there is an identifiable history of domestic violence and one of the following conditions are present:

• The decedent died prematurely or in an untimely manner.
• The scene of the death gives the appearance of death due to suicide or accident.
• One partner wanted to end the relationship.
• There is a history of domestic violence that includes coercive control.
• The decedent is found dead in a home or place of residence.
• The decedent is found by a current or previous partner.
• There is a history of domestic violence that includes strangulation or suffocation.
• 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.
• The partner had control of the scene before law enforcement arrived.
• The body of the decedent has been moved or the scene or other evidence is altered in some way.

Another provision of this bill requires coroners, in cases where there is an identifiable history of domestic violence, to produce specified documents upon request by family members. This provision is outside the jurisdiction of this committee and will be analyzed by the Senate Judiciary Committee (see Comment 6).

1. Law Enforcement Investigations and Training Related to Domestic Violence

Existing law provides that the course of basic training offered by the Commission on Peace Officer Standards and Training (POST) and required for all prospective peace officers must include adequate instruction on various topics related to domestic violence. Further, existing law requires each law enforcement officer below the rank of supervisor who is assigned patrol duties and would normally respond to domestic violence calls to complete, every two years, an updated course of instruction on domestic violence.^[12] A separate provision of existing law authorizes a county to establish an interagency domestic violence death review team (DVDRT) to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. In addition, counties may develop a protocol to assist coroners and other parties that perform autopsies on domestic violence victims in the identification of domestic violence, in the determination of whether domestic violence contributed to death or whether domestic violence had occurred prior to death, but was not the actual cause of death, and in the proper written reporting procedures for domestic violence, including the designation of the cause and mode of death.^[13]

This bill creates a presumption that an investigation into a death is a “suspicious death case” when the decedent has an identifiable history of domestic violence, and specifies that this presumption shall be operative for the purposes of investigation, scene documentation, coroner evaluation, and interviews of witnesses. In all such cases, the bill mandates that family members and other close relatives of the decedent be interviewed prior to any findings being made as to manner and cause of death. As mentioned previously, in any investigation into a death presumed suspicious under this bill and where one of listed conditions (see prior page) is present, law enforcement is required to request an autopsy. The bill further requires that any personnel investigating a death presumed suspicious per the preceding provision must be trained in the detection of staged crime scenes, strangulation assaults, and working with a multidisciplinary team in handling domestic violence cases.

A separate set of provisions in this bill grants various rights and resources to family members of a decedent who is the subject of an investigation described above. Chiefly, the bill authorizes a family member of the decedent to request an independent review of the findings of a local law enforcement agency in a suspicious death case by another law enforcement agency in the county where the death occurred, to be designated by the original investigating agency. However, if the original agency is unable to identify another agency to assist with the independent review, a secondary law enforcement investigation is not required, and the bill specifies that the family may seek assistance from qualified public or private nonprofit agencies. In addition, the bill grants family members access to all available victims services and support during the pendency of an investigation covered by the bill, and in the event that the investigating agency makes a finding that the death is not a homicide and closes the case, provides family members the right to request any and all available and disclosable records under the California Public Records Act.^[14]

1. Policy Considerations

As currently drafted, this bill raises several questions about its intended implementation and application, per the following.

“Identifiable History of Domestic Violence”

For the purpose of two separate provisions, the bill defines “identifiable history of domestic violence” as “a history of domestic violence that may be determined by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of domestic violence.” As a preliminary matter, this definition is circular (a history is defined as a history), and the Author and Committee may wish to define the term more accurately given its centrality to the bill. Second, it is presumably not the intent of the bill that it apply to perpetrators and victims of domestic violence, yet given the way the phrase “identifiable history of domestic violence” is used throughout, (“in a case where there is an identifiable history of domestic violence” and “where the decedent has an identifiable history of domestic violence”), it could certainly be interpreted that way. The Author and Committee may wish to clarify the intended application of the bill by amending this definition.

Domestic Violence Investigations

The bill also uses the existence of an “identifiable history of domestic violence” as a trigger for the operation of other investigation-related provisions, such as whether a death is presumed suspicious for various purposes and whether law enforcement investigators are required to request that the coroner perform a complete autopsy. However, the bill does not task any entity with making a determination that, in any particular case, there is an identifiable history of domestic violence that would trigger the suspicious death presumption or the autopsy request. Further, it is unclear whether the ‘suspicious death’ presumption is actually necessary to achieve the bill’s objectives. Ostensibly, the broader goal of the bill is to prevent domestic homicides from being ruled as suicides before a thorough investigation (possibly including an autopsy) has been conducted in cases where the decedent has a history of being victimized by domestic violence. Because the bill already requires that law enforcement officials investigating these cases 1) interview family members prior to making findings as to cause of death and 2) request an autopsy from the coroner, it is unclear how labeling the case “suspicious death” will yield additional critical details that would help avoid a mistaken finding of suicide. The Author and Committee may wish to address these issues.

“Complete Autopsy”

As mentioned previously, the bill requires law enforcement investigators to request a “complete autopsy” where there is an identifiable history of domestic violence and one of several enumerated conditions are present. However, the bill does not define what constitutes a “complete autopsy.” The Author and Committee may wish to define this term via a cross-reference to existing law regarding coroner autopsies. In addition, while it is clear that law enforcement must request an autopsy under specified circumstances, it is not clear whether the coroner is required to perform one pursuant to that request.^[15]

Domestic Violence Training

The bill includes a provision requiring that “all personnel investigating a death that is presumed suspicious” be trained in the identification and detection of staged crime scene cases, domestic violence, including strangulation assaults, and in working with a multidisciplinary team in the handling of domestic violence cases. The scope of this requirement is unclear. That is, to whom does the training requirement apply? In any police investigation involving a suspicious death, it is possible, if not likely, that several non-sworn law enforcement personnel and employees, such as photographers, forensic specialists, evidence technicians, and even the coroner, will be involved in the investigation. Should the training requirement apply to non-sworn personnel and personnel only peripherally involved in the investigation? The Author and Committee may wish to clarify the scope of the training requirement. If the intent is that the requirement only apply to sworn officers, the Author and Committee may wish to amend the provision of existing law relating to domestic violence training for officers through POST to include the topics enumerated in the bill.

1. Committee Amendments

To address the issues identified above, the Author has agreed to amend the bill as follows:

• Remove the “suspicious death” presumption and requires law enforcement officers to do two things prior to making any findings as to the manner and cause of death of a deceased individual:
  • Make a determination as to whether the decedent has an identifiable history of domestic violence.
  • Interview all family members and close friends regarding whether the deceased has been victimized by domestic violence.
• Make law enforcement request for an autopsy in cases where there is an identifiable history of domestic violence and one of the enumerated conditions are present permissive rather than mandatory.
• Clarify the training requirement to apply only to sworn officers, and requires that officers investigating a case that falls under the bill be current in their domestic violence training, as specified.
• Amends existing law related to POST’s required domestic violence training course to include the following topics: identification and detection of staged crime scenes; working with a multidisciplinary team in handling domestic violence cases; indicators of domestic homicide in suspicious death cases, as specified.
• Redefining “identifiable history of domestic violence” as “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 such incidents.”
• Other minor technical, clarifying and conforming amendments.

1. Double Referral

This bill is double referred to this committee and the Senate Judiciary Committee, which will analyze provisions of the bill that fall within its jurisdiction, should the bill pass out of this committee.

1. Argument in Support

According to the Training Institute on Strangulation Prevention:

Justice has been defined by Desmond Tutu as three things: telling the truth about injustice, repairing the harm as much as is humanly possible, and changing the conditions that caused the injustice in the first place. SB 989 will provide some amount of justice for victims who have been murdered and for family members of lost loved ones with the HOPE that the truth will be told. The only thing more painful than losing a loved one, is knowing that someone just got away with the murder of your daughter, sister and/or mother. This bill will bring awareness about staged crime scenes, suicides with a history of domestic violence, the factors to consider for a suspicious death and provide more rights to family members of lost loved ones.

SB 989 will not only be the first state legislation to address staged crimes, but it will also become a lifesaving bill. With these legislative improvements and guidance, more professionals will become familiar with the prevalence of suspicious deaths and the signs of a staged crime scene. They will in turn be able to alert death investigators and medical examiners about a suspicious death and educate families of lost loved ones about the necessary steps they can take to ensure all their questions are answered, the truth is discovered and justice is obtained.

-- END –

1. Townsend, Meg et. al, “Law Enforcement Response to Domestic Violence Calls for Service,” ASP Task Order 99-C-008-Task039, published February 1, 2005. Law Enforcement Response to Domestic Violence Calls for Service (ojp.gov) ↑

2. “Fast Facts: Preventing Intimate Partner Violence.” Centers for Disease Control and Prevention. Fast Facts: Preventing Intimate Partner Violence |Violence Prevention|Injury Center|CDC ↑

3. Bitton, Yifat and Hava Dayan. “’The Perfect Murder’: An Exploratory Study of Staged Murder Scenes and Concealed Femicide.” The British Journal of Criminology, Volume 59, Issue 5, September 2019, Pages 1054–1075. ‘The Perfect Murder’: An Exploratory Study of Staged Murder Scenes and Concealed Femicide | The British Journal of Criminology | Oxford Academic (oup.com) ↑

4. Ibid, at 1056. ↑

5. Ibid, at 1067. ↑

6. “What are the predictors of staged suicide scenes in domestic violence cases?” Police 1. 23 February 2023. What are the predictors of staged suicide scenes in domestic violence cases? (police1.com) ↑

7. Govt. Code §27491, (a), (b), §§ 27491.2, 27491.5 ↑

8. Govt. Code §§ 27491.4(c), 27491.43(c). ↑

9. Govt. Code §27520. ↑

10. Govt. Code § 27491.6. ↑

11. Govt. Code §27521(c). ↑

12. Penal Code §13519. ↑

13. Penal Code §11163.3, (a), (c). ↑

14. Govt. Code §7920.000 et. seq. ↑

15. Per Government Code § 27491.6 (also referred to in Comment 3 above), coroners are required to perform inquests if requested to do so by a chief law enforcement official, but inquests do not necessarily, in practice or by statute, include autopsies. ↑

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 989 (Ashby) - Domestic violence: deaths

Bill Summary: SB 989 modifies law enforcement investigation and training procedures pertaining to domestic violence-related homicides.

Fiscal Impact:

• Unknown, potentially significant costs (local funds, General Fund) to coroners and local law enforcement officers when investigating apparent cases of suicide in which the deceased may have been a victim of domestic violence that could potentially be subject to reimbursement by the state.
  
• Commission on Peace Officer Standards and Training indicates minor and absorbable costs associated with additional training requirements for law enforcement officers.

Background: This bill is intended to increase the likelihood that law enforcement and the families of decedents are able to identify intimate partner homicides, even when the scene has been staged by implementing investigation and training requirements for law enforcement and coroners, to ensure that they are aware and looking out for the signs of intimate partner homicide.

Proposed Law:

• Clarifies that a parent, sibling, or child of the deceased can provide written authorization to a coroner to disseminate photos taken by the coroner of a deceased person for use in a civil action or proceeding that relates to the death of the person.
• Clarifies that existing law requiring coroners to inquire into and determine the cause of deaths known or suspected to be suicide, includes suicide where the deceased has a history of being victimized by domestic violence.
• Provides that, if the circumstances surrounding a known or suspected suicide afford a reasonable basis to suspect that the death was caused by or related to the domestic violence of another, the coroner may conduct the inquiry in consultation with a board-certified forensic pathologist certified by the American Board of Pathology.
• Specifies that the course of basic training for law enforcement officers shall include adequate instruction in the following procedures and techniques:
  • Identification and detection of staged crime scenes;
  • Working with a multidisciplinary team in the handling of domestic violence cases; and,
  • Indicators of domestic homicide in suspicious death cases, as specified.
• Requires law enforcement officers, prior to making any findings as to the manner and cause of death of a deceased individual, to do both of the following:
  • Make a determination as to whether the decedent had an identifiable history of being victimized by domestic violence; and,
  • Interview family members, including next of kin, parents, siblings, or other close friends or relatives of the decedent, regarding whether the deceased had been victimized by domestic violence.
• Clarifies that law enforcement investigators may request a complete autopsy in a case where they have determined there is an identifiable history of being victimized by domestic violence, as specified.
• Requires 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.

Related Legislation:

• SB 290 (Min, Ch. 71, Stats. 2023) required state or local law enforcement agencies to make available to a victim or representative, upon request and within a specified time frame, any photographs of a victim’s injuries, property damage, or any other photographs noted in the incident report, and 911 recordings related to an incident report.
  
• SB 863 (Min, Ch. 986, Stats. 2022) authorized a county domestic violence death review team to assist local agencies in identifying and reviewing domestic violence near-death cases, as defined.
  
• AB 2427 (Chau, Ch. 467, Stats. 2016) among other things, added the Code of Civil Procedure provision permitting a legal heir or representative of the deceased to obtain coroner’s images in connection with a civil action or potential civil action through a written authorization or subpoena.

-- END --

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: SB 989 (Author:Ashby)

Version: April 17, 2024

Hearing Date: April 23, 2024

Fiscal: Yes

Urgency: No

Consultant: AWM

SUBJECT

Domestic violence: deaths

DIGEST

This bill modifies existing law enforcement investigation and training procedures, and access to coroner images, to assist law enforcement and families in uncovering domestic violence-related homicides in which the crime scene has been staged.

EXECUTIVE SUMMARY

Domestic violence is endemic in the United States. Nearly half of all people in the United States report having experienced physical or sexual violence caused by, or having been stalked by, an intimate partner in their lifetimes. And all too frequently, intimate partner violence escalates to homicide: nearly half of all female homicide victims, 21 percent of transgender and nonbinary homicide victims, and 10 percent of male homicide victims are killed by intimate partners.

According to the author and sponsor of the bill, some number of intimate partner homicides go undetected because the perpetrator is able to “stage” the crime scene to make the homicide look like an accident or a suicide. Homicides in the home are especially susceptible to staging, given that the perpetrator might have an uninterrupted opportunity to alter the scene before calling law enforcement. Although there are warning signs that a case might be a “hidden homicide”—such as a history of domestic violence, past nonfatal strangulation behavior, and the decedent recently attempting to end the relationship—many investigators are not adequately trained on the topic and may close a case without realizing there was any cause for suspicion.

This bill is intended to increase the likelihood that law enforcement and the families of decedents are able to identify intimate partner homicides, even when the scene has been staged. The Senate Public Safety Committee considered the portions of this bill that implement new investigation and training requirements for law enforcement and coroners, to ensure that they are aware and looking out for the signs of intimate partner homicide. This Committee’s analysis focuses on the portion of the bill that expands access to photographic images taken for or by a coroner in connection with a postmortem examination or autopsy. Current law allows the decedent’s legal heir or representative to obtain those images from a coroner in connection with a potential or pending civil action relating to the decedent’s death; in many cases, the legal heir will be the decedent’s spouse, meaning family members will be unable to obtain evidence that may point to a homicide. This bill, therefore, allows a parent, sibling, or parent of a decedent to obtain coroner’s images in a case where there is an identifiable history of the decedent being victimized by domestic violence. In response to concerns that introducing an element of discretion—whether domestic violence was adequately proven—into a ministerial function, the author proposes amending the bill to allow any parent, sibling, or child of a decedent to obtain photographic images taken by or for a coroner in connection with the examination of the decedent.

This bill is sponsored by the Alliance for Hope International and is supported by the California District Attorneys Association, CalSAFE, the San Diego District Attorney’s Office, the Training Institute on Strangulation Prevention, VOICES Survivor Advocacy Network, and three individuals. The Committee has not received timely opposition to this bill. The Senate Public Safety Committee passed this bill with a vote of 5-0.

PROPOSED CHANGES TO THE LAW

Existing law:

1. Requires a county to establish an office of coroner (Gov. Code, § 24000(m)); or, alternatively, a board of supervisors may:
   1. Abolish the office of coroner and provide instead for the office of medical examiner, which will exercise the powers and perform the duties of the coroner.
   2. Consolidate the offices of sheriff, coroner, and public administrator, or public administrator and coroner. (Gov. Code, §§ 24010, 24304, 24304.1.)^[1]
2. Establishes the coroner’s duties, which include inquiring into and determining the circumstances, manner, and cause of all known or suspected homicide, suicide, or accidental poisoning; notifying law enforcement when a person died in circumstances that afford a reasonable ground to suspect that the person’s death was occasioned by the act of another by criminal means; examining a body at where the body was located; and performing autopsies at the request of a surviving spouse or other family member, as specified. (Gov. Code, div. 2, pt. 3, ch. 10, §§ 27460 et seq.)
3. Provides that, notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings (collectively, a photographic record) 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, shall not be made or disseminated except as follows:
   1. For use in a criminal action or proceeding in the state that relates to the death of that person.
   2. As a court of the state permits, pursuant to an order issued upon good cause shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the postmortem examination or autopsy was made.
   3. For potential use in a civil action or proceeding in the state that relates to the death of that person, if either of the following applies:
      1. The coroner receives written authorization from a legal heir or representative of the deceased person before the action is filed or while the action is pending; the heir or representative must verify their identity by providing to the coroner a declaration under penalty of perjury that they are the deceased person’s heir or the deceased person’s representative, a valid form of identification, and a certified death certificate.
      2. A subpoena is issued by a party who is a legal heir or by a representative of the deceased person in a pending civil action. (Civ. Code, § 129(a).)
4. Provides that 3) does not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation. (Civ. Code, § 129(b).)
5. Provides that a coroner is not personally liable for monetary damages in a civil action for any act or omission in compliance with 3). (Civ. Code, § 129(d).)
6. Establishes the Domestic Violence Prevention Act (DVPA), which establishes procedures by which a victim of domestic violence, abuse, or sexual abuse may obtain a restraining order or protective order against their abuser. (Fam. Code, div. 10, §§ 6200 et seq.)
7. Defines “domestic violence” within the DVPA as abuse perpetrated against any of the following persons:
   1. A spouse or former spouse.
   2. A cohabitant or former cohabitant.
   3. A person with whom the alleged abuser is having or has had a dating relationship.
   4. A person with whom the alleged abuser has had a child, as specified.
   5. A child of a party or a child who is the subject of an action under the Uniform Parentage Act, as specified.
   6. Any other person related by consanguinity or affinity within the second degree. (Fam. Code, § 6211.)
8. Permits a county to establish an interagency domestic violence death review team to assist local agencies in identifying and reviewing domestic violence deaths and near deaths, including homicides and suicides, and facilitating communication among the various agencies involved in domestic violence cases. (Pen. Code, § 11163.3.)
9. Requires the Commission on Peace Officer Standards and Training to implement a course or course of instruction for the training of law enforcement officers in California in the handling of domestic violence complaints, which must include adequate instruction in specified procedures and techniques. (Pen. Code, § 13519.)

This bill:

1. States that the Legislature finds and declares all of the following:
   1. Suspicious death cases, where there is a history of domestic violence, are inadequately investigated at times, when a premature decision is made to determine the cause of death as suicide even before a comprehensive investigation has been completed by law enforcement.
   2. Domestic violence-related deaths are highly susceptible to staging or alteration of the death scene before investigators can conduct a scene investigation, which hampers the responsibilities of the coroner or medical examiner and compromises the ability of investigators to evaluate death cases adequately.
   3. Research has identified 10 red flag markers in suspicious death cases, where there is a history of domestic violence, that should be evaluated in any death investigation.
   4. An independent right of family members of homicide victims has been created in federal law to obtain information, access victim services, and request an independent review of initial findings or the investigation of their death of their family member, but the law applies only to those cases under federal jurisdiction.
2. Provides that a photographic record may be taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy for use or potential use in a civil action or proceeding in this state that relates to the death of the person, if the coroner receives a written authorization from a family member in a case where there is an identifiable history of domestic violence.
   1. To verify the identity of the family member, the family member shall provide a declaration under penalty of perjury that the individual is a family member of the deceased person, along with a valid form of identification and a certified death certificate.
   2. “Domestic violence” has the same meaning as in Family Code section 6211.
   3. “Family member” means a parent, sibling, or child of the deceased.
   4. “Identifiable history of domestic violence” means a history of being victimized by domestic violence that may be determined by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates a history of domestic violence.
3. Provides that it is a duty of the coroner to inquire into and determine the circumstances, manner, and cause of all deaths known or suspected as due to suicide where the deceased has a history of being victimized by domestic violence.
4. Provides that, 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, the coroner may conduct the inquiry in consultation with a board-certified pathologist certified by the American Board of Pathology.
5. Requires law enforcement investigators, prior to making any findings as to the manner and cause of a deceased individual, to do all of the following:
   1. Make a determination as to whether the decedent has an identifiable history of domestic violence.
   2. Interview family members, including next of kin, parents, siblings, or other close relatives of the decedent regarding whether the deceased has been victimized by domestic violence.
6. Permits law enforcement investigators to request a complete autopsy in a case where they have determined that there is an identifiable history of 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 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 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.
7. Requires sworn law enforcement personnel investigating a death where it has been determined that the decedent has an identifiable history of domestic violence shall be current in their training related to domestic violence incidents, including training required pursuant to 15).
8. Provides that, during the pendency of the investigation under 7) or any review under 10), family members shall have access to all victim services and support provided under Title 17 of Part 1 of the Penal Code.
9. Provides that, in the event that a local law enforcement agency makes a finding that a death is not a homicide under 7) 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 (Gov. Code, tit. 1, div. 10, §§ 7920.000 et seq.).
10. Permits a family member of the decedent to request an independent review of the findings of a local law enforcement agency in a case described in 6) to be performed by another law enforcement agency in the county where the death occurred. That agency shall be identified at the discretion of the original investigating agency.
11. Provides that, in the event the investigating agency in 10) cannot identify an agency to assist with an independent review, the family may seek out any qualified public or private nonprofit agency authorized by the United States Department of Justice to train law enforcement professionals on the handling of suspicious death cases.
12. Provides that, following a request in 10), the local law enforcement agency shall provide all available information to the independent reviewing agency, including all findings and conclusions, for review subject to any required confidentiality agreement to ensure no records are publicly released without authorization from the local law enforcement agency or by court order.
13. States that 5)-14) do 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; and that 5)-14) do not impose any additional liability on a local law enforcement agency for its investigation of existing cases or its investigative conclusions in those cases.
14. Defines the following for 5)-14):
    1. “Identifiable history of domestic violence” means demonstrable past incidents of being victimized by violence that may be verified by prior police reports, written or photographic documentation, restraining order declarations, eyewitness statements, or other evidence that corroborates such incidents.
    2. “Partner” means a spouse, former spouse, former cohabitant, fiancé, someone with whom the decedent had a dating relationship or engagement for marriage, or the parent of the decedent’s child.
    3. “Domestic violence” has the same meaning as used in the DVPA.
15. Adds, to the course of basic training for law enforcement officers on the handling of domestic violence complaints, instruction on:
    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:
       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 domestic violence that includes coercive control.
       5. The decedent is found in a home or place of residence.
       6. The decedent is found by a current or previous partner.
       7. There is a history of domestic violence that includes strangulation or suffocation.
       8. The current or previous partner of the decedent, or a 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.

COMMENTS

1. Author’s comment

SB 989 significantly enhances investigation protocols in cases involving domestic violence-related deaths. This bill extends the definition of legal representatives to encompass immediate family members, empowers coroners to inquire into deaths they deem suspicious, and designates such deaths as suspicious until properly investigated - strengthening the gravity and urgency of these cases.

Crime scene tampering and staging, predominantly perpetrated by male offenders against female victims within intimate partner relationships, pose serious challenges for law enforcement and medical examiners. Beyond the harm inflicted on victims and their families, these actions impede the pursuit of justice – with cases incorrectly classified as suicides or accidents often lacking comprehensive autopsies.

SB 989 is a crucial step towards ensuring justice for women impacted by domestic violence-related deaths. This bill equips investigators, coroners, and families with the necessary tools and evidence-based detection measures to identify suspicious cases and ensures that California conducts thorough investigations into suspicious deaths involving histories of domestic violence - establishing a voice to families who have long been silenced.

2. Hidden homicides

In the United States, 47.3 percent of women and 44.2 percent of men report experiencing contact sexual violence, physical violence, and/or stalking victimization by an intimate partner in their lifetime.^[2] Nearly half of all female homicide victims, 21 percent of transgender and nonbinary homicide victims, and 10 percent of male homicide victims are killed by intimate partners.^[3] In two-thirds to three-quarters of heterosexual intimate partner homicides, the male had been previously abusive toward the female.^[4] A woman’s risk of being murdered by her intimate partner increases significantly when she is pregnant.^[5] Certain types of abuse are particularly correlated with a future murder; for example, when a partner strangles a woman nonfatally, it increases her chances of becoming the victim of an attempted homicide by 600 percent and of becoming the victim of a completed homicide by 700 percent.^[6]

Not all intimate partner homicides are discovered by investigators, however. Some cases slip through the cracks when the perpetrator engages in “crime scene staging,” which “consists of the purposeful manipulation of the scene in order to mislead investigators.”^[7] According to the California Sexual Assault Forensic Examiner Association (CalSAFE), writing in support of the bill:

Crime scene staging research has found that most offenders who stage crime scenes are male, most victims are female, and the most common victim-offender relationship involving staging is intimate partner relationships… Seasoned investigators, medical examiners, and prosecutors can be misdirected by killers and erroneously find highly suspicious cases were suicides, accidents, or undetermined cause of death cases.

According to stakeholders, many investigators are not adequately trained to look for the signs of a staged crime scene and can be too quick to deem a case a suicide rather than completing a comprehensive investigation.

It is impossible to know how many intimate partner homicides are hidden this way, but there are cases where the deception has been uncovered. For example, Stacy Feldman was found dead in her home in Denver in 2015 after her husband called 911 and reported that she’d collapsed in the shower.^[8] The cause of death was undetermined, but the police did not investigate the case as a homicide until several months later, when they learned that Stacy Feldman had, on the day she died, learned that her husband was having an affair.^[9] The police eventually sought out the assistance of a domestic violence expert, who determined that Stacy Feldman had been strangled; her husband was arrested and convicted of first-degree murder in 2018.^[10]

3. This bill modifies investigation procedures to increase the likelihood of spotting staged crime scenes in intimate partner violence homicides

This bill is intended to reduce the chances that an intimate partner homicide is successfully covered up as a suicide, accident, or third-party incident. The brunt of the bill’s subject matter falls within the jurisdiction of the Senate Public Safety Committee, which passed this bill with a vote of 5-0 and amended the bill to clarify the bill’s provisions relating to investigator training and when, and in what circumstances, an investigator should look for the possibility of a staged crime scene. The Senate Public Safety Committee’s analysis is incorporated herein by reference.

4. This bill expands who may obtain visual images taken by or for a coroner in connection with a potential or ongoing civil action in connection with the decedent’s death

For this Committee’s purposes, this bill expands the category of persons who may obtain photographs and other visual records taken for or by a coroner at the scene of death or in the course of a postmortem examination or autopsy. The images made for or by a coroner are confidential and can be disseminated only in connection for use in a criminal action relating to the death of the person, through a court order, or to a qualified person for the use in a potential or ongoing civil action relating to the death of the person.^[11] A qualified person is a legal heir of the decedent or a legal representative of the decedent, and they can obtain the images in one of two ways.^[12] The legal heir or representative can submit a written authorization to the coroner—which must include a declaration under penalty of perjury that they are the decedent’s legal heir or representative—along with a valid form of identification and a certified death certificate, and the coroner shall release the images.^[13] Alternatively, the legal heir or representative can issue a subpoena for the images in a pending legal action.^[14]

This bill expands the list of who may request images made for or by a coroner in connection with a potential or ongoing civil action relating to the death of the decedent. As currently in print, the bill allows a family member—which includes a parent, sibling, or child of the deceased—to obtain the images using the same process as a legal heir or representative in cases where there is an “identifiable history of being victimized by domestic violence,” as defined.

As a practical matter, some parents, siblings, and children of deceased persons are already able to obtain images under current law. The statute in question does not define “legal heir,”^[15] so it appears to extend to any person who is, through a will or through California’s intestate succession laws, an heir of the deceased.^[16] In many cases, this will include family members other than the decedent’s spouse.^[17] But in some cases, the decedent’s spouse may be the only legal heir. In circumstances where the family has reason to suspect that the surviving spouse is responsible for the decedent’s death, the lack of access to the coroner’s images could prevent the family from seeking a second opinion or proceeding with a wrongful death action.

The current version of the bill limits these family members’ right to obtain photos to circumstances where there is an identifiable history of the decedent being victimized by domestic violence. The definition of what constitutes such a history is broad, but will still require a coroner to make a judgment call as to whether the family member has met their burden of showing that domestic violence had occurred. The existing procedure is purely ministerial: if the legal heir or representative provides the necessary documentation and executes the declaration, the coroner must produce the photographs.^[18] Introducing an element of discretion complicates this process considerably, and could give rise to situations where coroner’s offices are sued by family members who disagree with the coroner’s decision.

In order to streamline the bill’s expanded access, the author proposes amending the bill to allow all parents, siblings, or children of a deceased person to obtain coroner’s images, removing the requirement of establishing a history of domestic violence. As noted above, some parents, siblings, and children are already entitled to these images, so it is not clear how significant this expansion will be. There is also evidence that this provision was always intended to apply to close family members: the Senate Judiciary Committee’s analysis of the bill that implemented this provision lists “the victim’s parents, children, or other relatives” as persons who would be entitled to photographs under the bill.^[19] Accordingly, authorizing a decedent’s parents, siblings, and children to obtain coroner’s images may be more clarifying than expansive.

5. Amendments

As discussed above, the author proposes amending the bill to eliminate the need for a decedent’s parents, siblings, or children in order to obtain coroner’s images. The amendments are as follows, subject to any nonsubstantive changes Legislative Counsel may make:

Amendment 1

At page 4, in lines 38-40, add “of that person” after “family member” and delete “in a case where there is an identifiable history of being victimized by domestic violence.”

Amendment 2

At page 5, in lines 23-24, add “family member means a parent, sibling, or child of the deceased” after “section,” and delete “the following definitions shall apply.”

Amendment 3

At page 5, delete lines 25-34, inclusive.

5. Arguments in support

According to The Alliance for Hope, the bill’s sponsor:

The failure of law enforcement professionals to thoroughly investigate death cases, particularly in marginalized communities, with victims lacking privilege or status, and often with victims of color, has been recently documented in the work around missing or murdered indigenous persons by the U.S. Department of Justice. The rush to close cases and the failure to adequately investigate the history of the relationship often colors and biases the investigation. The Alliance has identified ten factors that point to a homicide rather than suicide or accident in intimate partner violence cases:

1. Victim dies prematurely;

2. The scene is made to appear like a suicide or accident scene;

3. One partner wanted to end the relationship;

4. There is a prior history of domestic violence with the current or previous partner;

5. The victim is found dead at home;

6. The victim is found by current or previous partner;

7. The prior identifiable history of domestic violence includes strangulation/suffocation;

8. The victim’s partner or former partner is the last to see the victim alive;

9. The partner has control of the crime scene before the police arrive, and

10. The crime scene has been altered in some way.

We have also identified lack of training as a key challenge. Most death investigators do not have specialized training in DV and do not work in a multi-disciplinary team (MDT). Most forensic medical examiners have not been trained in the dynamics of DV and often rely on the investigation by law enforcement to help determine the manner of death. Untrained investigators may be quick to call a case a suicide and not complete a comprehensive investigation. They may also fail to check for a prior DV history, talk to family members, conduct a post lethality risk assessment, or adequately assess suicidal ideation.[…]

With the passage of SB 989, California will create a national model statute that can and will be replicated in other states. It will ensure the voices and rights of family members dealing with the tragic death of a loved one will be heard and honored. It will also provide access to records when formal investigations are concluded to allow family members to seek an independent review of previous findings. SB 989 will help equip and support professionals across California in the handling of staged crime scene death cases where there is a history of DV.

SUPPORT

The Alliance for Hope (sponsor)

California District Attorneys Association
CalSAFE

San Diego District Attorney’s Office

Training Institute on Strangulation Prevention

VOICES Survivor Advocacy Network

Three individuals

OPPOSITION

None received

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

SB 290 (Min, Ch. 71, Stats. 2023) required state or local law enforcement agencies to make available to a victim or representative, upon request and within a specified time frame, any photographs of a victim’s injuries, property damage, or any other photographs noted in the incident report, and 911 recordings related to an incident report.

SB 863 (Min, Ch. 986, Stats. 2022) authorized a county domestic violence death review team to assist local agencies in identifying and reviewing domestic violence near-death cases, as defined.

AB 2427 (Chau, Ch. 467, Stats. 2016) among other things, added the Code of Civil Procedure provision permitting a legal heir or representative of the deceased to obtain coroner’s images in connection with a civil action or potential civil action through a written authorization or subpoena.

PRIOR VOTES:

Senate Public Safety Committee (Ayes 5, Noes 0)

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1. Going forward, this analysis uses “coroner” to refer to coroners and the alternative offices that may lawfully replace a coroner. ↑

2. Centers for Disease Control, The National Intimate Partner and Sexual Violence Survey: 2016/2017 Report on Intimate Partner Violence (Oct. 2022), pp. 3-4, available at https://www.cdc.gov/violenceprevention/pdf/nisvs/NISVSReportonIPV_2022.pdf. All links in this analysis are current as of April 18, 2024. The report did not include data on nonbinary individuals. ↑

3. AbiNader, et al., Examining Intimate Partner Violence-Related Fatalities: Past Lessons and Future Directions Using U.S. National Data, J. Fam. Violence (Jan. 12, 2023), pp. 1-12, available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9838333/#:~:text=Among%20homicides%20in%20the%20United,an%20estimated%206%25%20of%20suicides. ↑

4. Ibid. This statistic counts situations where the male abuser was the perpetrator of the homicide and the victim of it. (Ibid.) ↑

5. Campbell, et al., Pregnancy-Associated Deaths from Homicide, Suicide, and Drug Overdose: Review of the Research and the Intersection with Intimate Partner Violence, J. Women’s Health (Feb. 2021), available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8020563/. ↑

6. Glass, et al., Nonfatal strangulation is an important risk factor for homicide of women, J. Emergency Med. (Oct. 2008) 35(3):329-335, available at https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2573025/. ↑

7. Lupariello, et al., Staged crime scene determination by handling physical and digital evidence: Reports and review of the literature (Jul. 2018) Forensic Science International, Vol. 288, pp. 236-241, available at https://pubmed.ncbi.nlm.nih.gov/29783179/. ↑

8. Nicholson, Robert Feldman found guilty of first-degree murder in 2015 death of his wife in Denver, The Denver Post (Apr. 19, 2022), available at https://www.denverpost.com/2022/04/19/robert-feldman-guily-2015-denver-murder/. ↑

9. Ibid. ↑

10. Ibid. ↑

11. Code Civ. Proc., § 129. ↑

12. Ibid. ↑

13. Ibid. ↑

14. Ibid. ↑

15. Ibid. ↑

16. See generally Prob. Code, div. 6, §§ 6100 et seq. ↑

17. E.g., Prob. Code, §§ 6401, 6402 (setting forth division of decedent’s separate property when decedent dies intestate, with a portion going to the decedent’s surviving issue, if any, or parents, as specified). ↑

18. Code Civ. Proc., § 129. ↑

19. Sen. Com. on Judiciary, Analysis of Assem. Bill No 2427 (2015-2016 Reg. Sess.) as amended May 4, 2016, p. 5. ↑