Chapter 96E — [DOMESTIC VIOLENCE DATA REPORTING]

CHAPTER 96E [DOMESTIC VIOLENCE DATA REPORTING]*

*Editor’s Notes:

This chapter was enacted as Chapter 96D, but to avoid duplication with Chapter 96D (“Presentation of Youth Cases”), it has been redesignated as Chapter 96E, and its component sections and internal cross-references have been renumbered with 96E accordingly.

Ordinance 213-21 and Ordinance 28-22, establishing Chapter 96E, did not provide a chapter name. The current chapter name was added by the editor as a placeholder and is not official.

For purposes of this Chapter 96E:

“Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another.

“Domestic Violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship.

“Domestic Violence Cases” are cases presented or charged consistent with the definition of Domestic Violence set forth above, including cases charged under Penal Code sections 273.5 and 243(e)(1), cases that the San Francisco Police Department’s Special Victims Unit presents to the San Francisco District Attorney (“District Attorney”), and cases that the District Attorney refers to its internal domestic violence unit.

“Personal Identifying Information” means any information that can, on its own or in combination with other information, be used to contact, track, locate, identify, or reasonably infer the identity of, a specific individual. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

(a) On a quarterly basis (the first Tuesday in February, May, August, and November), the Police Department and the District Attorney shall each transmit a written report to the Board of Supervisors, the Mayor, the Office of Racial Equity, the Human Rights Commission, the Department on the Status of Women, and the Police Commission. The Police Department and District Attorney shall each post their report on their respective department website. The reports shall contain the following information:

(1) The Police Department shall report:

(A) The number of calls for service for Domestic Violence that the Police Department received from the Department of Emergency Management in the prior quarter (quarters commencing January 1, April 1, July 1, and October 1); and

(B) The number of Domestic Violence Cases that the Police Department presented to the District Attorney for investigation and/or prosecution in the prior quarter, and of those cases, the number in which a child or children were present and/or a firearm or firearms were present.

(2) The District Attorney shall report:

(A) The number of Domestic Violence Cases that the District Attorney charged in the prior quarter, broken down by cases alleging violations of Penal Code Section 273.5, cases alleging violations of Penal Code Section 243(e) (1), cases presented by the Police Department’s Special Victims Unit to the District Attorney, cases that the District Attorney has referred to its internal domestic violence unit, and all other Domestic Violence Cases, and what charges were filed in those cases; and

(B) The number of Domestic Violence Cases resolved in the prior quarter, broken down by cases alleging violations of Penal Code Section 273.5, cases alleging violations of Penal Code Section 243(e)(1), cases presented by the Police Department’s Special Victims Unit to the District Attorney, cases that the District Attorney has referred to its internal domestic violence unit, and all other Domestic Violence Cases, and the outcome of those cases, including disposition by dismissal, diversion, acquittal, conviction, release to another court or agency, or other means.

(C) The number of crime victims to whom, in the prior quarter, the District Attorney has provided or made documented efforts to provide victim services, including but not limited to assistance applying for civil protective orders, crisis support services and counseling, guidance in navigating the criminal justice system, referrals to local resources and services, and support at court hearings.

(b) In addition to the reports required by subsection (a), above, the Police Department and the District Attorney shall report the same information for the period September 1, 2019 to September 1, 2021 to the Board of Supervisors, the Mayor, the Office of Racial Equity, the Human Rights Commission, the Department on the Status of Women, and the Police Commission, and shall each post their reports on their respective department website, no later than December 31, 2021.

(c) The reports shall not include Personal Identifying Information.

(d) The reporting obligations under this Section 96E.2 are in addition to, and do not supplant, any reporting obligations under Administrative Code Chapter 96A.

(e) This Section 96E.2 shall not be interpreted to require the Police Department or the District Attorney to collect data but instead requires only that the Police Department and District Attorney report available data.

(f) In any report required under subsection (a) or (b) above, the District Attorney may, in its discretion, and to the extent consistent with applicable law, provide supplemental information regarding the Domestic Violence Cases and victim services reported. Any such supplemental information shall not include Personal Identifying Information. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

In enacting and implementing this Chapter 96E, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. (Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

(a) Nothing in this Chapter 96E shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(b) No provision of this Chapter 96E is intended to abrogate or interfere with the constitutional and statutory power and duties of the District Attorney as interpreted under Government Code Section 25303, or other applicable State law or judicial decision.

(Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)

If any section, subsection, sentence, clause, phrase, or word of this Chapter 96E, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

(Added by Ord. 213-21, File No. 210605, App. 11/24/2021, Eff. 12/25/2021; Ord. 28-22, File No. 211172, App. 2/25/2022, Eff. 3/28/2022)