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 themself 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, a prosecuting attorney, or an investigator for the prosecution, prior to interviewing an immediate family member of a person who has been killed or seriously injured by a peace officer, to clearly identify themself and if the interview takes place in person, to show identification, and to inform the person of specified information, including the status of their family member, that the person can consult with an attorney or trusted support person, and that the investigation that the officer, attorney, or investigator is conducting may involve the culpability of the family member who was killed or injured. 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.