California Penal Code 679.09 – (a) In the event of a death of a minor being investigated by law …
(a) In the event of a death of a minor being investigated by law enforcement, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victim‘s parent or guardian, with the following information, if and when the parent or guardian are located:
(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.
Terms Used In California Penal Code 679.09
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
- spouse: includes "registered domestic partner" as required by §. See California Penal Code 7
- Victim: means a person against whom a crime has been committed. See California Penal Code 679.01
(2) The case number referencing the investigation, if applicable.
(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victim’s personal effects collected pursuant to § 27491.3 of the Government Code. The list of the victim’s personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.
(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.
(b) In the event that a parent or guardian is not located, the law enforcement agency that bears the primary responsibility for the investigation shall provide the victim’s immediate family, at their request, with the following information:
(1) Contact information for each law enforcement agency involved in the investigation and the identification of the primary contact, if known, for the particular investigation at the involved law enforcement agency.
(2) The case number referencing the investigation, if applicable.
(3) A list of the personal effects found with the minor and contact information necessary to permit an immediate family member to collect the victim’s personal effects collected pursuant to § 27491.3 of the Government Code. The list of victim’s personal effects may be withheld from the immediate family if providing information about the personal effects would interfere with the investigation being conducted by law enforcement.
(4) Information regarding the status of the investigation, at the discretion of the law enforcement agency.
(c) Law enforcement shall not be required to provide any information that would jeopardize or otherwise allow an individual to interfere with the ongoing investigation. This section shall not be interpreted to require law enforcement to provide investigative records generated pursuant to their investigation for inspection by a victim’s immediate family.
(d) This section does not require law enforcement agencies to provide more than one copy of the information provided pursuant to this section to immediate family.
(e) Law enforcement agencies providing information pursuant to this section may require any family member receiving the information to confirm their identity through a certified declaration. Any person knowingly or willingly making a false certification for a declaration pursuant to this subdivision shall be punishable by an infraction.
(f) For the purposes of this section, “immediate family” means the victim’s spouse, parent, guardian, grandparent, aunt, uncle, brother, sister, and children or grandchildren who are related by blood, marriage, or adoption.
(Added by Stats. 2022, Ch. 227, Sec. 1. (SB 1268) Effective January 1, 2023.)