(a)It is the public policy of this state to protect the public from crime and violence by encouraging all persons who are victims of or witnesses to crimes, or who otherwise can give evidence in a criminal investigation, to cooperate with the criminal justice system and not to penalize these persons for being victims or for cooperating with the criminal justice system.
(b)Whenever an individual who is a victim of or witness to a hate crime, or who otherwise can give evidence in a hate crime investigation, is not charged with or convicted of committing any crime under state law, a peace officer may not detain the individual exclusively for any actual or suspected immigration violation or report or turn the individual over to federal immigration authorities.
Notes of Decisions
State ex rel. Becerra v. Sessions, 284 F. Supp. 3d 1015 (N.D. Cal. 2018).
· cites it 4× “Confidentiality Statutes The State's confidentiality statutes purport to protect (1) the confidential information of victims and witnesses of crime, Cal. Penal Code §§ 422.93 , 679.10, 679.11, and (2) confidential information of youth in its juvenile court system, Cal.”
City & Cnty. of S.F. v. Sessions, 349 F. Supp. 3d 924 (N.D. Cal. 2018).
· cites it 3× “California Penal Code section 422.93 prohibits law enforcement from detaining hate-crime victims and witnesses who are not charged with or convicted of any state law crimes if they would be detained solely for immigration violations for transfer to federal immigration officials.”
City & Cnty. of San Francisco v. William Barr, 965 F.3d 753 (9th Cir. 2020).
“§ 155, and three statutes concerning California’s policy of protecting the personal information of victims and witnesses of crime, see Cal. Penal Code §§ 422.93 , 679.10, 679.11.”
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