Current through the 2024 Legislative Session.
Section 293 - Report that person is victim of sex offense or was forced to commit act of prostitution because person is victim of human trafficking(a) An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been the victim of a sex offense, shall inform that person that the person's name will become a matter of public record unless the person requests that it not become a matter of public record, pursuant to Section 7923.615 of the Government Code.(b) A written report of an alleged sex offense shall indicate that the alleged victim has been properly informed pursuant to subdivision (a) and shall memorialize the victim's response.(c) A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the address of a person who alleges to be the victim of a sex offense.(d) A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies where authorized or required by law, the name of a person who alleges to be the victim of a sex offense if that person has elected to exercise the person's right pursuant to this section and Section 7923.615 of the Government Code.(e) A law enforcement agency shall not disclose to a person, except the prosecutor, parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, probation officers of county probation departments, or other persons or public agencies if authorized or required by law, names, addresses, or images of a person who alleges to be the victim of human trafficking, as defined in Section 236.1, or of that alleged victim's immediate family, other than a family member who is charged with a criminal offense arising from the same incident, and that information and those images shall be withheld and remain confidential. The law enforcement agency shall orally inform the person who alleges to be the victim of human trafficking of that person's right to have the person's name, addresses, and images, and the names, addresses, and images of the person's immediate family members withheld and kept confidential pursuant to this section and Section 7923.615 of the Government Code. For purposes of this subdivision, "immediate family" shall have the same meaning as that provided in paragraph (3) of subdivision (b) of Section 422.4 of the Penal Code.(f) For purposes of this section, sex offense means any crime listed in subdivision (b) of Section 7923.615 of the Government Code.(g) Parole officers of the Department of Corrections and Rehabilitation, hearing officers of the parole authority, and probation officers of county probation departments shall be entitled to receive information pursuant to subdivisions (c), (d), and (e) only if the person to whom the information pertains alleges that the person is the victim of a sex offense or is the victim of human trafficking, as defined in Section 236.1, the alleged perpetrator of which is a parolee who is alleged to have committed the offense while on parole, or in the case of a county probation officer, the person who is alleged to have committed the offense is a probationer or is under investigation by a county probation department.Amended by Stats 2021 ch 615 (AB 474),s 334, eff. 1/1/2022, op. 1/1/2023.Amended by Stats 2016 ch 644 (AB 2498),s 2, eff. 1/1/2017.Amended by Stats 2010 ch 328 (SB 1330),s 154, eff. 1/1/2011.Amended by Stats 2008 ch 596 (AB 3038),s 1.5, eff. 9/30/2008.Amended by Stats 2008 ch 358 (AB 2810),s 5, eff. 1/1/2009.Amended by Stats 2007 ch 578 (SB 449),s 2, eff. 1/1/2008.Amended by Stats 2006 ch 92 (AB 2615),s 1, eff. 1/1/2007.