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Senate Bill No.
Domestic violence. Existing law prescribes various statutes of limitations for criminal acts, ranging from a requirement that prosecution commence within one year after commission of the offense to provisions authorizing prosecution to be commenced at any time for offenses punishable by death or imprisonment for life in the state prison.
This bill would authorize prosecution for that crime to be commenced within 5 years.
The bill would apply to crimes that are committed on or after January 1,and to crimes for which the statute of limitations that was in effect prior to January 1,has not run as of January 1, By extending the statute of limitations indefinitely, under certain circumstances, text girls phoenix a crime, the bill would impose a state-mandated local program. Existing law requires the Commission on Peace Officer Standards and Training to implement a training course for law enforcement officers in the handling of domestic violence complaints and to develop guidelines for officer response to domestic violence.
Existing law requires the course to include instruction on specified procedures and techniques for responding to domestic violence, 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, and the assessment of lethality or s of lethal violence in domestic violence situations.
Existing law also requires the course of instruction, the learning and performance objectives, the standards for the training, and the guidelines to be developed by the commission in consultation with appropriate groups and individuals having an interest and expertise in the field of domestic violence, including 2 domestic violence experts. This bill would require those techniques for handling domestic violence to include methods for ensuring victim interviews occur in a venue separate from the alleged perpetrator, deescalation techniques, and specified questions for victims.
The bill would require the course of training to include the s of domestic violence and current and historical context on communities of color impacted by incarceration and violence.
The bill would authorize the training experts to include victims of domestic violence and people who have committed domestic violence and have been or are in the process of being rehabilitated. The bill would also expand the groups and individuals with whom the commission is required to consult to include one representative of an organization working to advance criminal justice reform and one representative of an organization working to advance racial justice.
The bill would include a statement of legislative findings and declarations. The bill would also delete obsolete provisions and make other technical changes.
The California Constitution requires the state to phhoenix 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 no reimbursement is required by this act for a specified reason. This act shall be known, and may be cited, as the Phoenix Act.
Section Section of the Penal Code is amended to read: The course or courses of instruction and the guidelines shall include a brief current and historical context on communities of color impacted by incarceration and violence, enforcement of criminal laws in domestic violence situations, availability of civil remedies and community resources, and protection of the victim. If appropriate, the training presenters shall include domestic violence experts, who may include victims of domestic violence and people who have committed domestic violence and have been or are in the process of being rehabilitated, with expertise in the delivery of direct services to victims and people who have committed domestic violence, including, but not limited to, utilizing the staff of shelters for battered women in the presentation of training.
The commission shall assist where possible. At least one of the persons selected shall be a former victim of domestic violence; one representative of an organization working to advance criminal justice reform; and one representative of an organization working to advance racial justice.
The instruction required pursuant to this subdivision shall be funded from existing resources available for the training required pursuant to this section. It is the intent of the Legislature not to increase the annual training costs of local government entities. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.