Under current California law, medical staff must call the police when a person with visible injuries shows up at a hospital or doctor’s office and domestic violence is suspected.
But that would change if a bill making its way through the state Legislature is passed and signed by Gov. Gavin Newsom. State Assembly Bill 1028 would leave the decision to contact police to the victim.
It's created a deep divide between activists and law enforcement.
The bill’s author, Rep. Tina McKinnor, D-Inglewood, is among many who say the current law creates fear among domestic violence victims. McKinnor’s proposal would eliminate the requirement that medical staff notify police.
Instead, McKinnor said, a health care professional will refer them to a domestic violence center survivors center. If the victim still wants to call police, they are free to do so.
"(This) change would increase access to healthcare and ensure that survivors are provided the agency and information they need to be safe and healthy," according to a fact sheet provided to legislators.
In 2021, a total of 18,185 domestic violence incidents were reported to law enforcement in the San Diego region, according to the San Diego Association of Governments. On average, there are 13 domestic violence-related homicides each year in San Diego.
Casey Gwinn, who is a former San Diego city attorney and among the founders of the local Family Justice Center for Domestic Violence and Victim Advocacy, said passing the bill would be a mistake.
"Anybody who thinks this bill is pro survivor, or pro domestic violence Intervention is deluding themselves,” Gwinn said.
Gwinn is joined in opposition by current San Diego City Attorney Mara Elliott and San Diego County District Attorney Summer Stephan.
AB 1028 has cleared the state Assembly and goes before the Senate's Public Safety Committee on Tuesday.
