Criminal procedure: interrogations.

Plain English Breakdown

The bill summary and digest do not specify a particular effective date, so this information is unknown.

Rules for Police Interviews with Family Members

This law sets rules for police and prosecutors when they interview immediate family members of people who were killed or seriously injured by a peace officer.

What This Bill Does

• Requires police officers and prosecuting attorneys to clearly identify themselves before interviewing an immediate family member of someone who was killed or seriously injured by a peace officer.
• Informs the family member about their rights, including having a trusted support person with them during interviews at the station.
• Does not apply if the interview is under custodial interrogation or if there's a risk to public safety or loss of evidence.

Who It Names or Affects

• Police officers
• Prosecuting attorneys
• Immediate family members of people killed or seriously injured by peace officers

Terms To Know

Peace Officer

A police officer who has the authority to enforce laws and maintain public order.

Custodial Interrogation

An interview where a person is in custody and being questioned by law enforcement about criminal activity.

Limits and Unknowns

• The rules do not apply if the delay would result in loss or destruction of evidence or pose an imminent threat to public safety.
• Local agencies may need state funding to cover costs related to these new requirements.

Official Summary Text

AB 572, Kalra.
Criminal procedure: interrogations.
Existing law prohibits the prosecuting attorney, attorney for the defendant, or investigator for either the prosecution or the defendant from interviewing, questioning, or speaking to a victim or witness whose name has been disclosed pursuant to existing law without first clearly identifying themselves and identifying the full name of the agency by whom they are employed, and identifying whether they represent, or have been retained by, the prosecution or the defendant. Under existing law, if an interview takes place in person, the party is also required to show the victim or witness a business card, official badge, or other form of official identification before commencing the interview
or questioning.
This bill would require a peace officer, as defined, or a prosecuting attorney,
before any initial formal interview of an immediate family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themselves and if the interview takes place in person, to show identification, to inform the person of the status of their family member,
to inform the person that they are conducting a formal interview for the purposes of an investigation, as specified, and to inform the person that they have a choice to come to the station for the formal interview if they are asked to go and can have a trusted support person with them.
The bill would provide that its provisions do not apply if the immediate family member is under custodial interrogation, as specified, or if the delay would result in the loss or destruction of evidence or pose an imminent threat to public safety. By increasing duties on local law enforcement, this bill 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

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