California 2009-2010 Regular Session Status: Enacted

AB 1738 — Domestic violence incident report.

Last action — Chaptered by Secretary of State - Chapter 363, Statutes of 2010.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2010. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law requires state and local law enforcement agencies to provide one copy of all domestic violence incident reports, one copy of all domestic violence incident report face sheets, or both, to a victim of domestic violence, upon request. Existing law also requires law enforcement agencies to provide those documents to a representative of the victim, as defined, if the victim is deceased. Existing law provides that any person requesting those documents is required to present his or her identification, as specified, and, if that person is a representative of the victim, a certified copy of the death certificate or other satisfactory evidence of the death of the victim. This bill would require state and local law enforcement agencies to provide those documents to the victim's representative when the victim is not deceased, subject to certain requirements. The bill would also revise the definition of "personal representative" to additionally include the victim's attorney, members of the victim's immediate family, and a conservator or guardian of the victim, as specified. By imposing additional duties on local officials, the bill would create 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 these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 363, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 3 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 75. Noes 0. Page 6219.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 33. Noes 0. Page 4453.)

  7. Read second time. To third reading.

  8. Read third time, amended. To second reading.

  9. Ordered to third reading.

  10. From Special Consent Calendar pursuant to Joint Rule 22.2.

  11. Ordered to Special Consent Calendar.

  12. Read second time. To third reading.

  13. From committee: Do pass. (Ayes 10. Noes 0.) (June 28).

  14. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (June 15).

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  17. Referred to Com. on PUB. S.

  18. In Senate. Read first time. To Com. on RLS. for assignment.

  19. Read third time, passed, and to Senate. (Ayes 74. Noes 0. Page 4821.)

  20. Read second time. To Consent Calendar.

  21. From committee: Do pass. To Consent Calendar. (April 14).

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (March 16).

  25. In committee: Hearing postponed by committee.

  26. Re-referred to Com. on JUD.

  27. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  28. Referred to Com. on JUD.

  29. From printer. May be heard in committee March 7.

  30. Read first time. To print.

Sponsors

  • Tran · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Tran

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1738 TRAN Concurrence in Senate Amendments

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hall — Yea
Leon — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Beall — Yea
Block — Yea
Coto — Yea
Yamada — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Davis — Not Voting
Galgiani — Yea
Garrick — Yea
Bass — Not Voting
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Evans — Yea
DeVore — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1738 Tran By Harman

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Republican 1000
Democratic 1001
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Corbett — Yea
Ducheny — Yea
Ashburn — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
McLeod — Yea
Dutton — Not Voting
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Alquist — Yea
Huff — Yea
Liu — Yea
Pavley — Yea
Price — Yea
Wolk — Yea
Cogdill — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Not Voting
Corbett — Yea
Leno — Yea
Wolk — Yea
Alquist — Yea
Kehoe — Yea
Price — Yea
Walters — Yea
Cox — Yea
Denham — Yea

Official roll call →

AB 1738 TRAN Consent Calendar Second Day Regular Session

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Republican 3000
Democratic 2001
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Hagman — Yea
Eng — Yea
Evans — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fuentes — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hernandez — Yea
Hill — Yea
Huffman — Not Voting
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Carter — Yea
Chesbro — Yea
Bill — Yea
Tom — Yea
Charles — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Adams — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Not Voting
Knight — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Smyth — Yea
Torlakson — Yea
Tran — Yea
Emmerson — Yea
Feuer — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Hall — Yea
Harkey — Yea
Charles — Yea
De — Yea
Leon — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Davis — Not Voting
Norby — Not Voting
Torlakson — Yea
Torrico — Yea
Ammiano — Yea
Bradford — Yea
Solorio — Yea
Conway — Yea
Coto — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1738 do?
Existing law requires state and local law enforcement agencies to provide one copy of all domestic violence incident reports, one copy of all domestic violence incident report face sheets, or both, to a victim of domestic violence, upon request. Existing law also requires law enforcement agencies to provide those documents to a representative of the victim, as defined, if the victim is deceased. Existing law provides that any person requesting those documents is required to present his or her identification, as specified, and, if that person is a representative of the victim, a certified copy of the death certificate or other satisfactory evidence of the death of the victim. This bill would require state and local law enforcement agencies to provide those documents to the victim's representative when the victim is not deceased, subject to certain requirements. The bill would also revise the definition of "personal representative" to additionally include the victim's attorney, members of the victim's immediate family, and a conservator or guardian of the victim, as specified. By imposing additional duties on local officials, the bill would create 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 these statutory provisions.
Who sponsors AB 1738?
AB 1738 is sponsored by Tran.
What is the current status of AB 1738?
This bill has been enacted into law. Introduced February 04, 2010. Enacted.
Where can I track AB 1738?
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