2009 California Penal Code - Section 11160-11163.6 :: Article 2. Reports Of Injuries

PENAL CODE
SECTION 11160-11163.6

11160.  (a) Any health practitioner employed in a health facility,
clinic, physician's office, local or state public health department,
or a clinic or other type of facility operated by a local or state
public health department who, in his or her professional capacity or
within the scope of his or her employment, provides medical services
for a physical condition to a patient whom he or she knows or
reasonably suspects is a person described as follows, shall
immediately make a report in accordance with subdivision (b):
   (1) Any person suffering from any wound or other physical injury
inflicted by his or her own act or inflicted by another where the
injury is by means of a firearm.
   (2) Any person suffering from any wound or other physical injury
inflicted upon the person where the injury is the result of
assaultive or abusive conduct.
   (b) Any health practitioner employed in a health facility, clinic,
physician's office, local or state public health department, or a
clinic or other type of facility operated by a local or state public
health department shall make a report regarding persons described in
subdivision (a) to a local law enforcement agency as follows:
   (1) A report by telephone shall be made immediately or as soon as
practically possible.
   (2) A written report shall be prepared on the standard form
developed in compliance with paragraph (4) of this subdivision, and
Section 11160.2, and adopted by the agency or agencies designated by
the Director of Finance pursuant to Section 13820, or on a form
developed and adopted by another state agency that otherwise fulfills
the requirements of the standard form. The completed form shall be
sent to a local law enforcement agency within two working days of
receiving the information regarding the person.
   (3) A local law enforcement agency shall be notified and a written
report shall be prepared and sent pursuant to paragraphs (1) and (2)
even if the person who suffered the wound, other injury, or
assaultive or abusive conduct has expired, regardless of whether or
not the wound, other injury, or assaultive or abusive conduct was a
factor contributing to the death, and even if the evidence of the
conduct of the perpetrator of the wound, other injury, or assaultive
or abusive conduct was discovered during an autopsy.
   (4) The report shall include, but shall not be limited to, the
following:
   (A) The name of the injured person, if known.
   (B) The injured person's whereabouts.
   (C) The character and extent of the person's injuries.
   (D) The identity of any person the injured person alleges
inflicted the wound, other injury, or assaultive or abusive conduct
upon the injured person.
   (c) For the purposes of this section, "injury" shall not include
any psychological or physical condition brought about solely through
the voluntary administration of a narcotic or restricted dangerous
drug.
   (d) For the purposes of this section, "assaultive or abusive
conduct" shall include any of the following offenses:
   (1) Murder, in violation of Section 187.
   (2) Manslaughter, in violation of Section 192 or 192.5.
   (3) Mayhem, in violation of Section 203.
   (4) Aggravated mayhem, in violation of Section 205.
   (5) Torture, in violation of Section 206.
   (6) Assault with intent to commit mayhem, rape, sodomy, or oral
copulation, in violation of Section 220.
   (7) Administering controlled substances or anesthetic to aid in
commission of a felony, in violation of Section 222.
   (8) Battery, in violation of Section 242.
   (9) Sexual battery, in violation of Section 243.4.
   (10) Incest, in violation of Section 285.
   (11) Throwing any vitriol, corrosive acid, or caustic chemical
with intent to injure or disfigure, in violation of Section 244.
   (12) Assault with a stun gun or taser, in violation of Section
244.5.
   (13) Assault with a deadly weapon, firearm, assault weapon, or
machinegun, or by means likely to produce great bodily injury, in
violation of Section 245.
   (14) Rape, in violation of Section 261.
   (15) Spousal rape, in violation of Section 262.
   (16) Procuring any female to have sex with another man, in
violation of Section 266, 266a, 266b, or 266c.
   (17) Child abuse or endangerment, in violation of Section 273a or
273d.
   (18) Abuse of spouse or cohabitant, in violation of Section 273.5.
   (19) Sodomy, in violation of Section 286.
   (20) Lewd and lascivious acts with a child, in violation of
Section 288.
   (21) Oral copulation, in violation of Section 288a.
   (22) Sexual penetration, in violation of Section 289.
   (23) Elder abuse, in violation of Section 368.
   (24) An attempt to commit any crime specified in paragraphs (1) to
(23), inclusive.
   (e) When two or more persons who are required to report are
present and jointly have knowledge of a known or suspected instance
of violence that is required to be reported pursuant to this section,
and when there is an agreement among these persons to report as a
team, the team may select by mutual agreement a member of the team to
make a report by telephone and a single written report, as required
by subdivision (b). The written report shall be signed by the
selected member of the reporting team. Any member who has knowledge
that the member designated to report has failed to do so shall
thereafter make the report.
   (f) The reporting duties under this section are individual, except
as provided in subdivision (e).
   (g) No supervisor or administrator shall impede or inhibit the
reporting duties required under this section and no person making a
report pursuant to this section shall be subject to any sanction for
making the report. However, internal procedures to facilitate
reporting and apprise supervisors and administrators of reports may
be established, except that these procedures shall not be
inconsistent with this article. The internal procedures shall not
require any employee required to make a report under this article to
disclose his or her identity to the employer.
   (h) For the purposes of this section, it is the Legislature's
intent to avoid duplication of information.

11160.1.  (a) Any health practitioner employed in any health
facility, clinic, physician's office, local or state public health
department, or a clinic or other type of facility operated by a local
or state public health department who, in his or her professional
capacity or within the scope of his or her employment, performs a
forensic medical examination on any person in the custody of law
enforcement from whom evidence is sought in connection with the
commission or investigation of a crime of sexual assault, as
described in subdivision (d) of Section 11160, shall prepare a
written report. The report shall be on a standard form developed by,
or at the direction of, the Office of Emergency Services or an agency
designated by the Director of Finance pursuant to Section 13820, and
shall be immediately provided to the law enforcement agency who has
custody of the individual examined.
   (b) The examination and report is subject to the confidentiality
requirements of the Confidentiality of Medical Information Act
(Chapter 1 (commencing with Section 56) of Part 2.6 of Division 1 of
the Civil Code), the physician-patient privilege pursuant to Article
6 (commencing with Section 990) of Chapter 4 of Division 8 of the
Evidence Code, and the privilege of official information pursuant to
Article 9 (commencing with Section 1040) of Chapter 4 of Division 8
of the Evidence Code.
   (c) The report shall be released upon request, oral or written, to
any person or agency involved in any related investigation or
prosecution of a criminal case including, but not limited to, a law
enforcement officer, district attorney, city attorney, crime
laboratory, county licensing agency, or coroner. The report may be
released to defense counsel or another third party only through
discovery of documents in the possession of a prosecuting agency or
following the issuance of a lawful court order authorizing the
release of the report.
   (d) A health practitioner who makes a report in accordance with
this section shall not incur civil or criminal liability. No person,
agency, or their designee required or authorized to report pursuant
to this section who takes photographs of a person suspected of being
a person subject to a forensic medical examination as described in
this section shall incur any civil or criminal liability for taking
the photographs, causing the photographs to be taken, or
disseminating the photographs to a law enforcement officer, district
attorney, city attorney, crime laboratory, county licensing agency,
or coroner with the reports required in accordance with this section.
However, this subdivision shall not be deemed to grant immunity from
civil or criminal liability with respect to any other use of the
photographs.
   (e) Section 11162 does not apply to this section.
   (f) With the exception of any health practitioner who has entered
into a contractual agreement to perform forensic medical
examinations, no health practitioner shall be required to perform a
forensic medical examination as part of his or her duties as a health
practitioner.

11161.  Notwithstanding Section 11160, the following shall apply to
every physician or surgeon who has under his or her charge or care
any person described in subdivision (a) of Section 11160:
   (a) The physician or surgeon shall make a report in accordance
with subdivision (b) of Section 11160 to a local law enforcement
agency.
   (b) It is recommended that any medical records of a person about
whom the physician or surgeon is required to report pursuant to
subdivision (a) include the following:
   (1) Any comments by the injured person regarding past domestic
violence, as defined in Section 13700, or regarding the name of any
person suspected of inflicting the wound, other physical injury, or
assaultive or abusive conduct upon the person.
   (2) A map of the injured person's body showing and identifying
injuries and bruises at the time of the health care.
   (3) A copy of the law enforcement reporting form.
   (c) It is recommended that the physician or surgeon refer the
person to local domestic violence services if the person is suffering
or suspected of suffering from domestic violence, as defined in
Section 13700.

11161.2.  (a) The Legislature finds and declares that adequate
protection of victims of domestic violence and elder and dependent
adult abuse has been hampered by lack of consistent and comprehensive
medical examinations. Enhancing examination procedures,
documentation, and evidence collection will improve investigation and
prosecution efforts.
   (b) The agency or agencies designated by the Director of Finance
pursuant to Section 13820 shall, in cooperation with the State
Department of Health Services, the Department of Aging and the
ombudsman program, the State Department of Social Services, law
enforcement agencies, the Department of Justice, the California
Association of Crime Lab Directors, the California District Attorneys
Association, the California State Sheriff's Association, the
California Medical Association, the California Police Chiefs'
Association, domestic violence advocates, the California Medical
Training Center, adult protective services, and other appropriate
experts:
   (1) Establish medical forensic forms, instructions, and
examination protocol for victims of domestic violence and elder and
dependent adult abuse and neglect using as a model the form and
guidelines developed pursuant to Section 13823.5. The form should
include, but not be limited to, a place for a notation concerning
each of the following:
   (A) Notification of injuries and a report of suspected domestic
violence or elder or dependent adult abuse and neglect to law
enforcement authorities, Adult Protective Services, or the State
Long-Term Care Ombudsmen, in accordance with existing reporting
procedures.
   (B) Obtaining consent for the examination, treatment of injuries,
collection of evidence, and photographing of injuries. Consent to
treatment shall be obtained in accordance with the usual hospital
policy. A victim shall be informed that he or she may refuse to
consent to an examination for evidence of domestic violence and elder
and dependent adult abuse and neglect, including the collection of
physical evidence, but that refusal is not a ground for denial of
treatment of injuries and disease, if the person wishes to obtain
treatment and consents thereto.
   (C) Taking a patient history of domestic violence or elder or
dependent adult abuse and neglect and other relevant medical history.
   (D) Performance of the physical examination for evidence of
domestic violence or elder or dependent adult abuse and neglect.
   (E) Collection of physical evidence of domestic violence or elder
or dependent adult abuse.
   (F) Collection of other medical and forensic specimens, as
indicated.
   (G) Procedures for the preservation and disposition of evidence.
   (H) Complete documentation of medical forensic exam findings.
   (2) Determine whether it is appropriate and forensically sound to
develop separate or joint forms for documentation of medical forensic
findings for victims of domestic violence and elder and dependent
adult abuse and neglect.
   (3) The forms shall become part of the patient's medical record
pursuant to guidelines established by the agency or agencies
designated by the Director of Finance pursuant to Section 13820
advisory committee and subject to the confidentiality laws pertaining
to release of medical forensic examination records.
   (c) The forms shall be made accessible for use on the Internet.

11161.5.  (a) It is the intent of the Legislature that on or before
January 1, 2006, the California District Attorneys Association, in
conjunction with interested parties, including, but not limited to,
the Department of Justice, the California Narcotic Officers'
Association, the California Police Chiefs' Association, the
California State Sheriffs' Association, the California Medical
Association, the American Pain Society, the American Academy of Pain
Medicine, the California Society of Anesthesiologists, the California
Chapter of the American College of Emergency Physicians, the
California Medical Board, the California Orthopedic Association, and
other medical and patient advocacy entities specializing in pain
control therapies, shall develop protocols for the development and
implementation of interagency investigations in connection with a
physician's prescription of medication to patients. The protocols are
intended to assure the competent review of, and that relevant
investigation procedures are followed for, the suspected
undertreatment, undermedication, overtreatment, and overmedication of
pain cases. Consideration shall be made for the special
circumstances of urban and rural communities. The investigation
protocol shall be designed to facilitate communication between the
medical and law enforcement communities and the timely return of
medical records pertaining to the identity, diagnosis, prognosis, or
treatment of any patient that are seized by law enforcement from a
physician who is suspected of engaging in or having engaged in
criminal activity related to the documents.
   (b) The costs incurred by the California District Attorneys
Association in implementing this section shall be solicited and
funded from nongovernmental entities.

11161.8.  Every person, firm, or corporation conducting any hospital
in the state, or the managing agent thereof, or the person managing
or in charge of such hospital, or in charge of any ward or part of
such hospital, who receives a patient transferred from a health
facility, as defined in Section 1250 of the Health and Safety Code or
from a community care facility, as defined in Section 1502 of the
Health and Safety Code, who exhibits a physical injury or condition
which, in the opinion of the admitting physician, reasonably appears
to be the result of neglect or abuse, shall report such fact by
telephone and in writing, within 36 hours, to both the local police
authority having jurisdiction and the county health department.
   Any registered nurse, licensed vocational nurse, or licensed
clinical social worker employed at such hospital may also make a
report under this section, if, in the opinion of such person, a
patient exhibits a physical injury or condition which reasonably
appears to be the result of neglect or abuse.
   Every physician and surgeon who has under his charge or care any
such patient who exhibits a physical injury or condition which
reasonably appears to be the result of neglect or abuse shall make
such report.
   The report shall state the character and extent of the physical
injury or condition.
   No employee shall be discharged, suspended, disciplined, or
harassed for making a report pursuant to this section.
   No person shall incur any civil or criminal liability as a result
of making any report authorized by this section.

11161.9.  (a) A health practitioner who makes a report in accordance
with this article shall not incur civil or criminal liability as a
result of any report required or authorized by this article.
   (b) (1) No person required or authorized to report pursuant to
this article, or designated by a person required or authorized to
report pursuant to this article, who takes photographs of a person
suspected of being a person described in this article about whom a
report is required or authorized shall incur any civil or criminal
liability for taking the photographs, causing the photographs to be
taken, or disseminating the photographs to local law enforcement with
the reports required by this article in accordance with this
article. However, this subdivision shall not be deemed to grant
immunity from civil or criminal liability with respect to any other
use of the photographs.
   (2) A court may award attorney's fees to a commercial film and
photographic print processor when a suit is brought against the
processor because of a disclosure mandated by this article and the
court finds that the suit is frivolous.
   (c) A health practitioner who, pursuant to a request from an adult
protective services agency or a local law enforcement agency,
provides the requesting agency with access to the victim of a known
or suspected instance of abuse shall not incur civil or criminal
liability as a result of providing that access.
   (d) No employee shall be discharged, suspended, disciplined, or
harassed for making a report pursuant to this section.
   (e) This section does not apply to mandated reporting of child
abuse, as provided for in Article 2.5 (commencing with Section
11164).

11162.  A violation of this article is a misdemeanor, punishable by
imprisonment in a county jail not exceeding six months, or by a fine
not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.

11162.5.  As used in this article, the following definitions shall
apply:
   (a) "Health practitioner" has the same meaning as provided in
paragraphs (21) to (28), inclusive, of subdivision (a) of Section
11165.7.
   (b) "Clinic" is limited to include any clinic specified in
Sections 1204 and 1204.3 of the Health and Safety Code.
   (c) "Health facility" has the same meaning as provided in Section
1250 of the Health and Safety Code.
   (d) "Reasonably suspects" means that it is objectively reasonable
for a person to entertain a suspicion, based upon facts that could
cause a reasonable person in a like position, drawing, when
appropriate, on his or her training and experience, to suspect.

11162.7.  This article shall not apply when a report is required to
be made pursuant to the Child Abuse and Neglect Reporting Act
(Article 2.5 (commencing with Section 11164)), and Chapter 11
(commencing with Section 15600) of Part 3 of Division 9 of the
Welfare and Institutions Code.

11163.  (a) The Legislature finds and declares that even though the
Legislature has provided for immunity from liability, pursuant to
Section 11161.9, for persons required or authorized to report
pursuant to this article, that immunity does not eliminate the
possibility that actions may be brought against those persons based
upon required reports of abuse pursuant to other laws.
   In order to further limit the financial hardship that those
persons may incur as a result of fulfilling their legal
responsibility, it is necessary that they not be unfairly burdened by
legal fees incurred in defending those actions.
   (b) (1) Therefore, a health practitioner may present a claim to
the California Victim Compensation and Government Claims Board for
reasonable attorney's fees incurred in any action against that person
on the basis of that person reporting in accordance with this
article if the court dismisses the action upon a demurrer or motion
for summary judgment made by that person or if that person prevails
in the action.
   (2) The California Victim Compensation and Government Claims Board
shall allow the claim pursuant to paragraph (1) if the requirements
of paragraph (1) are met, and the claim shall be paid from an
appropriation to be made for that purpose. Attorney's fees awarded
pursuant to this section shall not exceed an hourly rate greater than
the rate charged by the Attorney General at the time the award is
made and shall not exceed an aggregate amount of fifty thousand
dollars ($50,000).
   (3) This subdivision shall not apply if a public entity has
provided for the defense of the action pursuant to Section 995 of the
Government Code.

11163.2.  (a) In any court proceeding or administrative hearing,
neither the physician-patient privilege nor the psychotherapist
privilege applies to the information required to be reported pursuant
to this article.
   (b) The reports required by this article shall be kept
confidential by the health facility, clinic, or physician's office
that submitted the report, and by local law enforcement agencies, and
shall only be disclosed by local law enforcement agencies to those
involved in the investigation of the report or the enforcement of a
criminal law implicated by a report. In no case shall the person
suspected or accused of inflicting the wound, other injury, or
assaultive or abusive conduct upon the injured person or his or her
attorney be allowed access to the injured person's whereabouts.
   (c) For the purposes of this article, reports of suspected child
abuse and information contained therein may be disclosed only to
persons or agencies with whom investigations of child abuse are
coordinated under the regulations promulgated under Section 11174.
   (d) The Board of Prison Terms may subpoena reports that are not
unfounded and reports that concern only the current incidents upon
which parole revocation proceedings are pending against a parolee.

11163.3.  (a) A county may 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. Interagency domestic violence
death review teams have been used successfully to ensure that
incidents of domestic violence and abuse are recognized and that
agency involvement is reviewed to develop recommendations for
policies and protocols for community prevention and intervention
initiatives to reduce and eradicate the incidence of domestic
violence.
   (b) For purposes of this section, "abuse" has the meaning set
forth in Section 6203 of the Family Code and "domestic violence" has
the meaning set forth in Section 6211 of the Family Code.
   (c) A county may develop a protocol that may be used as a
guideline to assist coroners and other persons who 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.
   (d) County domestic violence death review teams shall be comprised
of, but not limited to, the following:
   (1) Experts in the field of forensic pathology.
   (2) Medical personnel with expertise in domestic violence abuse.
   (3) Coroners and medical examiners.
   (4) Criminologists.
   (5) District attorneys and city attorneys.
   (6) Domestic violence shelter service staff and battered women's
advocates.
   (7) Law enforcement personnel.
   (8) Representatives of local agencies that are involved with
domestic violence abuse reporting.
   (9) County health department staff who deal with domestic violence
victims' health issues.
   (10) Representatives of local child abuse agencies.
   (11) Local professional associations of persons described in
paragraphs (1) to (10), inclusive.
   (e) An oral or written communication or a document shared within
or produced by a domestic violence death review team related to a
domestic violence death review is confidential and not subject to
disclosure or discoverable by a third party. An oral or written
communication or a document provided by a third party to a domestic
violence death review team, or between a third party and a domestic
violence death review team, is confidential and not subject to
disclosure or discoverable by a third party. Notwithstanding the
foregoing, recommendations of a domestic violence death review team
upon the completion of a review may be disclosed at the discretion of
a majority of the members of the domestic violence death review
team.
   (f) Each organization represented on a domestic violence death
review team may share with other members of the team information in
its possession concerning the victim who is the subject of the review
or any person who was in contact with the victim and any other
information deemed by the organization to be pertinent to the review.
Any information shared by an organization with other members of a
team is confidential. This provision shall permit the disclosure to
members of the team of any information deemed confidential,
privileged, or prohibited from disclosure by any other statute.
   (g) Written and oral information may be disclosed to a domestic
violence death review team established pursuant to this section. The
team may make a request in writing for the information sought and any
person with information of the kind described in paragraph (2) of
this subdivision may rely on the request in determining whether
information may be disclosed to the team.
   (1) No individual or agency that has information governed by this
subdivision shall be required to disclose information. The intent of
this subdivision is to allow the voluntary disclosure of information
by the individual or agency that has the information.
   (2) The following information may be disclosed pursuant to this
subdivision:
   (A) Notwithstanding Section 56.10 of the Civil Code, medical
information.
   (B) Notwithstanding Section 5328 of the Welfare and Institutions
Code, mental health information.
   (C) Notwithstanding Section 15633.5 of the Welfare and
Institutions Code, information from elder abuse reports and
investigations, except the identity of persons who have made reports,
which shall not be disclosed.
   (D) Notwithstanding Section 11167.5 of the Penal Code, information
from child abuse reports and investigations, except the identity of
persons who have made reports, which shall not be disclosed.
   (E) State summary criminal history information, criminal offender
record information, and local summary criminal history information,
as defined in Sections 11075, 11105, and 13300 of the Penal Code.
   (F) Notwithstanding Section 11163.2 of the Penal Code, information
pertaining to reports by health practitioners of persons suffering
from physical injuries inflicted by means of a firearm or of persons
suffering physical injury where the injury is a result of assaultive
or abusive conduct, and information relating to whether a physician
referred the person to local domestic violence services as
recommended by Section 11161 of the Penal Code.
   (G) Notwithstanding Section 827 of the Welfare and Institutions
Code, information in any juvenile court proceeding.
   (H) Information maintained by the Family Court, including
information relating to the Family Conciliation Court Law pursuant to
Section 1818 of the Family Code, and Mediation of Custody and
Visitation Issues pursuant to Section 3177 of the Family Code.
   (I) Information provided to probation officers in the course of
the performance of their duties, including, but not limited to, the
duty to prepare reports pursuant to Section 1203.10 of the Penal
Code, as well as the information on which these reports are based.
   (J) Notwithstanding Section 10825 of the Welfare and Institutions
Code, records of in-home supportive services, unless disclosure is
prohibited by federal law.
   (3) The disclosure of written and oral information authorized
under this subdivision shall apply notwithstanding Sections 2263,
2918, 4982, and 6068 of the Business and Professions Code, or the
lawyer-client privilege protected by Article 3 (commencing with
Section 950) of Chapter 4 of Division 8 of the Evidence Code, the
physician-patient privilege protected by Article 6 (commencing with
Section 990) of Chapter 4 of Division 8 of the Evidence Code, the
psychotherapist-patient privilege protected by Article 7 (commencing
with Section 1010) of Chapter 4 of Division 8 of the Evidence Code,
the sexual assault counselor-victim privilege protected by Article
8.5 (commencing with Section 1035) of Chapter 4 of Division 8 of the
Evidence Code, and the domestic violence counselor-victim privilege
protected by Article 8.7 (commencing with Section 1037) of Chapter 4
of Division 8 of the Evidence Code.

11163.4.  Subject to available funding, the Attorney General,
working with the state domestic violence coalition, shall develop a
protocol for the development and implementation of interagency
domestic violence death review teams for use by counties, which shall
include relevant procedures for both urban and rural counties. The
protocol shall be designed to facilitate communication among persons
who perform autopsies and the various persons and agencies involved
in domestic violence cases so that incidents of domestic violence and
deaths related to domestic violence are recognized and surviving
nonoffending family and household members and domestic partners
receive the appropriate services.

11163.5.  (a) The purpose of this section is to coordinate and
integrate state and local efforts to address fatal domestic violence,
and to create a body of information to prevent domestic violence
deaths.
   (b) (1) The Department of Justice is hereby authorized to carry
out the purpose of this section with the cooperation of the State
Department of Social Services, the State Department of Health
Services, the California State Coroner's Association, the County
Welfare Directors Association, and the state domestic violence
coalition.
   (2) The Department of Justice, after consulting with the agencies
and organizations specified in paragraph (1), may consult with other
representatives of other agencies and private organizations to
accomplish the purpose of this section.
   (c) To accomplish the purpose of this section, the Department of
Justice and agencies and organizations involved may engage in the
following activities:
   (1) Collect, analyze, and interpret state and local data on
domestic violence death in an annual report to be available upon
request. The report may contain, but need not be limited to,
information provided by state agencies and the county domestic
violence death review teams for the preceding year.
   (2) Develop a state and local data base on domestic violence
deaths.
   (A) The state data may include the Department of Justice
statistics, the State Department of Health Services Vital Statistics,
and information obtained by other relevant state agencies.
   (B) The Department of Justice, in consultation with the agencies
and organizations specified in paragraph (1) of subdivision (b), may
develop a model minimal local data set and request data from local
teams for inclusion in the annual report.
   (3) Distribute a copy of the report to public officials in the
state who deal with domestic violence issues and to those agencies
responsible for domestic violence death review investigation in each
county.
   (d) The Department of Justice may direct the creation of a
statewide domestic violence death review team directory, which shall
contain the names of the members of the agencies and private
organizations participating under this section, the members of local
domestic violence death review teams, and the local liaisons to those
teams. The department may maintain and update the directory
annually.
   (e) The agencies or private organizations participating under this
section shall participate without reimbursement from the state.
Costs incurred by participants for travel or per diem shall be borne
by the participant agency or organization. Any reports prepared by
the Department of Justice pursuant to this section shall be in
consultation with the state domestic violence coalition.

11163.6.  In order to ensure consistent and uniform results, data
may be collected and summarized by the domestic violence death review
teams to show the statistical occurrence of domestic violence deaths
in the team's county that occur under the following circumstances:
   (a) The deceased was a victim of a homicide committed by a current
or former spouse, fiancé, or dating partner.
   (b) The deceased was the victim of a suicide, was the current or
former spouse, fiancé, or dating partner of the perpetrator and was
also the victim of previous acts of domestic violence.
   (c) The deceased was the perpetrator of the homicide of a former
or current spouse, fiancé, or dating partner and the perpetrator was
also the victim of a suicide.
   (d) The deceased was the perpetrator of the homicide of a former
or current spouse, fiancé, or dating partner and the perpetrator was
also the victim of a homicide related to the domestic homicide
incident.
   (e) The deceased was a child of either the homicide victim or the
perpetrator, or both.
   (f) The deceased was a current or former spouse, fiancé, or dating
partner of the current or former spouse, fiancé, or dating partner
of the perpetrator.
   (g) The deceased was a law enforcement officer, emergency medical
personnel, or other agency responding to a domestic violence
incident.
   (h) The deceased was a family member, other than identified above,
of the perpetrator.
   (i) The deceased was the perpetrator of the homicide of a family
member, other than identified above.
   (j) The deceased was a person not included in the above categories
and the homicide was related to domestic violence.


Disclaimer: These codes may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

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