Criminal procedure: gender bias in sexual assault and domestic violence investigations.

Plain English Breakdown

The official source does not specify that the training must be 'inclusive' but mentions gender-neutral or gender-inclusive language.

Fair Investigation Rights for Sexual Assault and Domestic Violence Victims

This law ensures victims of sexual assault or domestic violence receive a fair, unbiased investigation from police and can request the district attorney to review their case if they suspect gender bias.

What This Bill Does

• Gives victims of sexual assault or domestic violence the right to a fair, unbiased, and complete investigation by law enforcement.
• Allows victims to request that the district attorney review their report if they believe there was gender bias in the original investigation.
• Requires district attorneys to establish a process for reviewing cases of sexual assault or domestic violence and inform victims about decisions made regarding criminal charges.
• Mandates training courses for police officers on trauma-informed methods, gender-neutral language, and best practices for preventing bias.
• Requires public health education materials stating that all genders can be victims or perpetrators of these crimes and have equal rights.

Who It Names or Affects

• Victims of sexual assault and domestic violence
• Law enforcement agencies
• District attorneys
• Police officers

Terms To Know

Trauma-informed methods

Ways to respond to victims that understand the effects of trauma on a person's behavior and needs.

Gender-neutral language

Language that does not assume or imply gender, such as using 'they' instead of 'he/she'.

Limits and Unknowns

• The bill requires local law enforcement agencies to follow new rules, which may need state funding.
• If the Commission on State Mandates finds costs are required by this bill, the state will reimburse local agencies for those costs.

Official Summary Text

AB 2119, as amended, Jackson.
Criminal procedure: gender bias in sexual assault and domestic violence investigations.
Existing law establishes specified rights for victims and witnesses of crimes, including to be notified or informed regarding specified court proceedings and the right to have a support person present at any interviews with law enforcement for a victim of domestic violence or sexual assault. Existing law requires a law enforcement agency to inform a victim of the rights they may have.
This bill would state that a victim of sexual assault or domestic violence has the right to a fair, unbiased, and complete investigation by law
enforcement, regardless of gender and would authorize a victim of one of these crimes to request a reinvestigation of their report by the district attorney. The bill would create a civil cause of action if a law enforcement agency violated these rights and would make that cause of action retroactive to investigations made
before January 1, 2027.
enforcement.
The bill would require a district attorney to establish a process for reviewing and investigating reported cases of sexual assault or domestic violence and would require that process to include a report to the victim explaining the decision whether or not to bring criminal accusations and which accusations to allege.
Existing law establishes the Commission on Peace Officer Standards and Training and requires the commission to create courses of training that must be completed by persons before those persons can become peace officers. The commission is also required to create guidelines and training courses for peace officers on specified law enforcement topics, including the investigation of domestic violence complaints and sexual assault.
This bill would require those
courses and guidelines to include trauma-informed methods for responding to victims, gender-neutral or gender-inclusive language in reporting, and best practices for bias prevention. The bill would require the commission to prepare a course on gender bias in responding to reports of sexual assault and domestic violence and would require that course to adhere to guidance provided by the Department of Justice, as specified.
Existing law establishes the State Department of Public Health and charges it with providing education and outreach to the public on various issues relating to public health, such as lyme disease, human immunodeficiency virus and acquired immune deficiency syndrome, and hepatitis C.
This bill would require the department to develop materials to educate the public that all genders may be the victim of sexual assault and domestic violence, that all genders may perpetrate sexual assault and domestic
violence, and that all genders have equal rights to safety, shelter, and legal protections and remedies.
Because this bill would create new duties for local law enforcement agencies, it would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Current Bill Text

Download Bill PDF