GENERAL PROVISIONS
Cal. FAM § 6228
California Statutes
(
a) State and local law enforcement agencies shall provide, upon request and without charging a fee, one copy of all incident report face sheets, one copy of all incident reports, a copy of any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of recordings, if any, to a victim, or the victim’s representative as defined in subdivision (g), of a crime that constitutes
an act of any of the following:
(1) Domestic violence, as defined in
Section 6211.
(2) Sexual assault, as defined in Sections 261, 261.5, 265, 266, 266a, 266b, 266c, 266g, 266j, 267, 269, 273.4, 285, 286, 287, 288, 288.5, 289, or 311.4 of, or former
Section or 288a of, the Penal Code.
(3) Stalking, as defined in
Section 1708.7 of the Civil Code or
Section 646.9 of the Penal Code.
(4) Human trafficking, as defined in
Section 236.1 of the Penal Code.
(5) Abuse of an elder or a dependent adult, as defined in
Section 15610.07 of the Welfare and Institutions Code. (b)
(1) A copy of an incident report face sheet shall be made available during regular business hours to a victim or the victim’s representative no later than hours after being requested, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why, for good cause, the incident report face sheet is not available, in which case the incident report face sheet shall be made available no later than five working days after the request is made.
(2) A copy of the incident report, any accompanying or related photographs of a victim’s injuries, property damage, or any other photographs that are noted in the incident report, and a copy of recordings, if any, shall be made available during regular business hours to a victim or the victim’s representative no later than five working days after being requested, unless the state or local law enforcement agency informs the victim or the victim’s representative of the reasons why, for good cause, the items are not available, in which case the items shall be made available no later than working days after the request is made. (
c) A person requesting copies under this
section shall present state or local law enforcement with the person’s identification, including a current, valid driver’s license, a state-issued identification card, or a passport. If the person is a representative of the victim and the victim is deceased, the representative shall also present a certified copy of the death certificate or other satisfactory evidence of the death of the victim at the time a request is made. If the person is a representative of the victim and the victim is alive and not the subject of a conservatorship, the representative shall also present a written authorization, signed by the victim, making the person the victim’s personal representative. (
d) This
section shall apply to requests for domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or a dependent adult face sheets or incident reports, photographs, 911 recordings, and evidence made within five years from the date of completion of the incident report. (
e) This
section shall be known and may be cited as the Access to Domestic Violence Reports Act of 1999. (
f) For purposes of this section, “victim” includes a minor who is years of age or older. (g)
(1) For purposes of this section, if the victim is deceased, a “representative of the victim” means any of the following: (
A) The surviving spouse. (
B) A surviving child of the decedent who has attained years of age. (
C) A domestic partner, as defined in subdivision (
a) of
Section 297. (
D) A surviving parent of the decedent. (
E) A surviving adult relative. (
F) The personal representative of the victim, as defined in
Section of the Probate Code, if one is appointed. (
G) The public administrator if one has been appointed.
(2) For purposes of this section, if the victim is not deceased, a “representative of the victim” means any of the following: (
A) A parent, guardian, or adult child of the victim, or an adult sibling of a victim years of age or older, who shall present to law enforcement identification pursuant to subdivision (c). A guardian shall also present to law enforcement a copy of the letters of guardianship demonstrating that the person is the appointed guardian of the victim. (
B) An attorney for the victim, who shall present to law enforcement identification pursuant to subdivision (
c) and written proof that the person is the attorney for the victim. (
C) A conservator of the victim who shall present to law enforcement identification pursuant to subdivision (
c) and a copy of the letters of conservatorship demonstrating that the person is the appointed conservator of the victim.
(3) A representative of the victim does not include any person who has been convicted of murder in the first degree, as defined in