Article 2 - Duties of Public Agencies and Officers

Sections (5)

Amended by Stats. 1996, Ch. 872, Sec. 126. Effective January 1, 1997.

It shall be the duty of every city marshal, chief of police, railroad and steamship police, sheriff, coroner, district attorney, city attorney and city prosecutor having criminal jurisdiction, probation officer, county board of parole commissioners, work furlough administrator, the Department of Justice, Health and Welfare Agency, Department of Corrections, Department of Youth Authority, Youthful Offender Parole Board, Board of Prison Terms, State Department of Health, Department of Benefit Payments, State Fire Marshal, Liquor Control Administrator, constituent agencies of the State Department of Investment, and every other person or agency dealing with crimes or criminals or with delinquency or delinquents, when requested by the Attorney General:

(a)To install and maintain records needed for the correct reporting of statistical data required by him or her.

(b)To report statistical data to the department at those times and in the manner that the Attorney General prescribes.

(c)To give to the Attorney General, or his or her accredited agent, access to statistical data for the purpose of carrying out this title.

§ 13020.5

Added by Stats. 2024, Ch. 662, Sec. 2. (AB 2695) Effective January 1, 2025.

(a)Records and data reported in alignment with the federal National Incident-Based Reporting system, pursuant to Sections 13010 and 13020, shall be disaggregated by whether an incident occurred in Indian country.

(b)As used in this section, the term “Indian country” has the same meaning as in Section 1151 of Title 18 of the United States Code.

§ 13021

Amended by Stats. 1972, Ch. 1377.

Local law enforcement agencies shall report to the Department of Justice such information as the Attorney General may by regulation require relative to misdemeanor violations of Chapter 7.5 (commencing with Section 311) of Title 9 of Part 1 of this code.

§ 13022

Amended by Stats. 2004, Ch. 405, Sec. 21. Effective January 1, 2005.

Each sheriff and chief of police shall annually furnish the Department of Justice, in the manner prescribed by the Attorney General, a report of all justifiable homicides committed in his or her jurisdiction. In cases where both a sheriff and chief of police would be required to report a justifiable homicide under this section, only the chief of police shall report the homicide.

§ 13023

Amended by Stats. 2023, Ch. 524, Sec. 2. (AB 449) Effective January 1, 2024.

(a)This section shall be subject to the availability of adequate funding.

(b)(1) The Attorney General shall direct state and local law enforcement agencies to report to the Department of Justice, in a manner to be prescribed by the Attorney General, any information that may be required relative to hate crimes.

(2)The Attorney General shall review state and local agencies’ formal policies on hate crimes required by Section 422.87 and the hate crime brochure required pursuant to Section 422.92. The department shall review the policies and brochures for compliance with law. The department shall instruct any agency that did not submit a policy or brochure, or that submitted a

legally noncompliant policy or brochure, to submit compliant documents.

(c)(1) Law enforcement agencies are required to submit the hate crime documents required by the Attorney General as follows:

(A) On or before January 1, 2025, each law enforcement agency in the Counties of Los Angeles, Orange, San Luis Obispo, Santa Barbara, and Ventura shall produce their hate crime materials to the Department of Justice.

(B) On or before January 1, 2026, each law enforcement agency in the Counties of Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, Solano, and Sonoma shall produce their hate crime materials to the Department of Justice.

or before January 1, 2027, each law enforcement agency in the Counties of Colusa, Glenn, Lassen, Modoc, Nevada, Plumas, Shasta, Sierra, Siskiyou, Sutter, Tehama, Trinity, Yuba, Alpine, Amador, Calaveras, El Dorado, Placer, Sacramento, San Joaquin, Stanislaus, Tuolumne, and Yolo and the special districts of the San Francisco Bay Area Rapid Transit District, the Department of the California Highway Patrol, the Department of State Hospitals, and the state park system shall produce their hate crime materials to the Department of Justice.

(D) On or before January 1, 2028, each law enforcement agency in the Counties of Fresno, Kern, Kings, Madera, Mariposa, Merced, Tulare, Imperial, Inyo, Mono, Riverside, San Bernardino, and San Diego shall produce their hate crime materials to the Department of Justice.

(2)The production of hate crime materials pursuant to paragraph (1) shall proceed

on a four-year schedule and shall be ongoing. All law enforcement agencies, including special districts, shall produce to the Attorney General’s office their hate crime materials on the specified date listed above, and then every four years thereafter in perpetuity.

(d)On or before July 1 of each year, the Department of Justice shall update the OpenJustice Web portal with the information obtained from law enforcement agencies pursuant to this section. The information shall include the names of agencies that submitted compliant policies and brochures, including any agency that submitted revised compliant documents. The department shall submit its analysis of this information to the Legislature in the manner described in subdivision (g) of Section 13010.

(e)Law enforcement agencies shall additionally post the information required in paragraph (1) of subdivision (b) to their

internet websites on a monthly basis.

(f)For purposes of this section, “hate crime” has the same meaning as in Section 422.55.