California (2011)

CA SB 40 Chapter 331

Existing law requires every law enforcement agency to develop, adopt, and implement written policies and standards for officers’ responses to domestic violence calls. Existing law requires these policies to include specific standards for furnishing written notice to victims at the scene, including, among other things, information about the victim’s rights.

This bill would additionally require that information to include a statement informing the victim that strangulation may cause internal injuries and encouraging the victim to seek medical attention.

Existing law requires each law enforcement agency to develop a system for recording all domestic violence-related calls for assistance, including whether weapons are involved, to compile the total number of domestic violence calls received and the numbers of those cases involving weapons, and to report that information annually to the Governor, the Legislature, and the public, as specified.

This bill would, in addition to the information about whether weapons are involved, require this information to include whether the incident involved strangulation or suffocation.

Existing law requires each law enforcement agency to develop an incident report form that includes a domestic violence identification code, and requires that incident report form to include specified information.

This bill would require that incident report form to additionally include whether there were indications that the incident involved strangulation or suffocation, as specified.


(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000) or by both that fine and imprisonment.

(b) Subdivision (a) shall apply if the victim is or was one or more of the following:

(1) The offender’s spouse or former spouse.

(2) The offender’s cohabitant or former cohabitant.

(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.

(4) The mother or father of the offender’s child.

(c) Holding oneself out to be the husband or wife of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.

(d) As used in this section, “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.

Coming Soon!

Coming Soon!