Bill Text: CA AB650 | 2019-2020 | Regular Session | Amended
Bill Title: Violent death: data.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2020-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB650 Detail]
Download: California-2019-AB650-Amended.html
|
Amended
IN
Assembly
April 22, 2019 |
|
Amended
IN
Assembly
March 21, 2019 |
| Assembly Bill | No. 650 |
| Introduced by Assembly Member Low (Coauthor: Assembly Member Gloria) |
February 15, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
(1)Existing law establishes the State Department of Public Health under the direction of the State Public Health Officer, and sets forth the powers and duties of the State Public Health Officer, including designation as the State Registrar of Vital Statistics with supervisory powers over local registrars and responsibility for the uniform and thorough enforcement of laws relating to the registration of certain vital statistics.
Existing law requires that each death be registered with the local registrar of births and deaths in the district in which the death was officially pronounced or the body was found. Existing law sets forth the persons responsible for completing the certificate of death and the required contents of the certificate, including the decedent’s name and sex, which reflects the decedent’s gender
identity. Existing law makes certain violations of these requirements a crime.
This bill would require a person completing the certificate of death to record the decedent’s sexual orientation. The bill would also require the State Department of Public Health to access data within the electronic death registration system to annually compile a report on deaths by homicide or suicide, to identify the gender identity and sexual orientation of the victim, and to annually provide that report to the Legislature and the Department of Justice, beginning January 1, 2021. Because a violation of the requirement relative to completing the certificate of death would be a crime, this bill would impose a state-mandated local program.
(2)Existing law authorizes the State Department of Public Health to establish and maintain the California Electronic Violent Death Reporting System (CEVDRS), to collect data on violent
deaths.
This bill would require the State Department of Public Health to collect data for the CEVDRS on violent deaths by homicide or suicide that includes the victim’s gender identity and sexual orientation.
(3)Existing law establishes the Department of Justice, under the direction and control of the Attorney General, and requires the department to perform specified duties concerning the investigation and prosecution of homicide cases, including the collection of information on persons who are the victims of, and persons who are charged with, homicide. Existing law requires every state or local governmental entity responsible for the investigation and prosecution of a homicide case to provide the Department of Justice with demographic information about the victim and persons charged with the crime, including age and gender.
This bill would expand the
demographic information to include gender identity and sexual orientation as part of the homicide data that is collected by, and provided by governmental entities to, the Department of Justice. By imposing additional reporting duties on local governmental entities, this bill would impose a state-mandated local program.
(4)
(5) 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(a)The State Department of Public Health shall access data within the electronic death registration system implemented pursuant to Section 102778 to annually compile a report on deaths by homicide or suicide, and to identify the gender identity and sexual orientation of the victim. The report shall include information about the ages, sexes, races or ethnicities, gender identity and sexual orientation, and, as applicable, methods of suicide of individuals.
(b)Beginning January 1, 2021, the department shall, notwithstanding Section 10231.5 of the Government Code, annually provide the report compiled pursuant to subdivision (a) to the Legislature and the Department of Justice.
(c)A report to be submitted pursuant to subdivision (b) shall be submitted in compliance with Section 9795 of the Government Code.
The certificate of death shall be divided into two sections.
(a)The first section shall contain those items necessary to establish the fact of the death, including all of the following and those other items as the State Registrar may designate:
(1)(A)Personal data concerning decedent including full name, sex, color or race, marital status, name of spouse, date of birth and age at death, birthplace, usual residence, occupation and industry or business, sexual orientation, and whether the decedent was ever in the Armed Forces of the United States.
(B)A person completing the certificate shall record the decedent’s sex to reflect the decedent’s gender identity. The decedent’s gender identity shall be reported by the informant, unless the person completing the certificate is presented with a birth certificate, a driver’s license, a social security record, a court order approving a name or gender change, a passport, an advanced health care directive, or proof of clinical treatment for gender transition, in which case the person completing the certificate shall record the decedent’s sex as that which corresponds to the decedent’s gender identity as indicated in that document. If none of these documents are presented and the person with the right, or a majority of persons who have equal rights, to control the disposition of the remains pursuant to Section 7100 is in disagreement with the gender identity reported by the informant, the gender identity of the decedent recorded on the death certificate
shall be as reported by that person or majority of persons.
(C)If a document specified in subparagraph (B) is not presented and a majority of persons who have equal rights to control the disposition of the remains pursuant to Section 7100 do not agree with the gender identity of the decedent as reported by the informant, any one of those persons may file a petition, in the superior court in the county in which the decedent resided at the time of their death, or in which the remains are located, naming as a party to the action those persons who otherwise have equal rights to control the disposition and seeking an order of the court determining, as appropriate, who among those parties shall determine the gender identity of the decedent.
(D)A person completing the death certificate in compliance with subparagraph (B) is not liable for any damages or costs arising from claims related to the sex of the decedent as entered on the certificate of death.
(E)A person completing the death certificate shall comply with the data and certification requirements described in Section 102800 by using the information available to them prior to the deadlines for completion specified in that section.
(2)Date of death, including month, day, and year.
(3)Place of death.
(4)Full name of father and birthplace of father, and full maiden name of mother and birthplace of mother.
(5)Informant.
(6)Disposition of body information, including signature and license number of embalmer, if the body is embalmed, or name of embalmer if affixed by attorney-in-fact; name of funeral director, or person acting as such; and date and place of interment or removal. Notwithstanding any other law, an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar may be used in lieu of the actual signature of the embalmer.
(7)Certification and signature of attending physician and surgeon or certification and signature of coroner when required to act by law. Notwithstanding any other law, the person
completing the portion of the certificate setting forth the cause of death may attest to its accuracy by use of an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(8)Date accepted for registration and signature of local registrar. Notwithstanding any other law, the local registrar may elect to use an electronic signature substitute, or some other indicator of authenticity, approved by the State Registrar in lieu of a signature.
(b)The second section shall contain those items relating to medical and health data, including all of the following and other items as the State Registrar may designate:
(1)Disease or conditions leading directly to death and antecedent causes.
(2)Operations and major findings thereof.
(3)Accident and injury information.
(4)Information indicating whether the decedent was pregnant at the time of death, or within the year prior to the death, if known, as determined by observation, autopsy, or review of the medical record. This paragraph shall not be interpreted to require the performance of a pregnancy test on a decedent, or to require a review of medical records in order to determine pregnancy.
SEC. 4.SEC. 2.
Section 131230 of the Health and Safety Code is amended to read:131230.
(a) To the extent that funding is appropriated by the Legislature or available through private funds in each fiscal year, the department shall establish and maintain the California Electronic Violent Death Reporting System (CEVDRS).(a)The Department of Justice shall perform the following duties concerning the investigation and prosecution of homicide cases:
(1)Collect information, as specified in subdivision (b), on persons who are the victims of, and persons who are charged with, homicide.
(2)Adopt and distribute, as a written form or by electronic means, to state and governmental entities that are responsible for the investigation and prosecution of homicide cases, forms that will include information to be provided to the department pursuant to subdivision (b).
(3)Compile,
collate, index, and maintain an electronic file of the information required by subdivision (b). The file shall be available to the general public during the normal business hours of the department, and posted on the OpenJustice Web portal. The department shall at least annually update the information required by this section, which shall also be available to the general public.
The department shall perform the duties specified in this subdivision within its existing budget.
(b)Every state or local governmental entity responsible for the investigation and prosecution of a homicide case shall provide the department with demographic information about the victim and the person or persons charged with the crime, including age, gender, gender identity, if different than gender, sexual orientation,
race, and ethnic background.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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 17556 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
