Policy Text
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RIGHTS OF VICTIMS PURSUANT TO PENAL CODE 679.026
This Training Bulletin sets forth Department policy and procedures of how members and
employees are to advise victims of a crime of t heir rights .
Introduction
In the fall of 2008, t he Sta te of California passed and enacted Penal Code Section 679.026. The
law was given a common name of “Marsy’s Law .” Marsy’s Law expanded the rights of victims in
California. The law states “Every victim of crime has the right to receive without cost or char ge a
list of the rights of victims of a crime. These rights are known as “Marsy Rights. ”
Relevant Penal Code Section
679.026(c) (1) - Every law enforcement agency investigating a criminal act and every agency
prosecuting a criminal act shall, as provid ed herein, at the time of initial contact with a crime
victim, during follow -up investigation, or as soon thereafter as deemed appropriate by
investigating officers or prosecuting attorneys, provide or make available to each victim of the
criminal act with out charge or cost a "Marsy Rights" card.
Policy
All personnel responding to assist a victim of any crime shall provide a Mars y’s Rights card to the
victim of the crime.
A. The Marsy ’s Rights card sh all be provided to the victim of a crime as soon as p ractical
given the circumstances at the scene of the crime.
B. The Marsy’s Rights card shall be distributed in addition to the Domestic Violence Resource Card , Victims of Violent Crimes Resource Card or any other resource card .
C. If a Marsy’s Rights car d is unavailable to give to a victim at the time of response to a
crime , personnel shall refer the victim to the Oakland Police website to obtain and/or
view a copy of the Marsy Rights card.
D. Crime reports comp leted on -line shall have a reference direct ing crime victim to the
Oakland Police w ebsite to obtain and/or view a copy of the Marsy ’s Rights card .
E. Follow -up investigators shall review each assigned case report to ensure that crime
victims have been provided a Marsy’s Rights card or have been referred to the Marsy’s
rights card available to them on -line. Follow -up investigators who discover no
documentation of crime victims receiving a card or referral to the on -line card shall either
mail the victim a card or contact the crime victim and refer them to the available on -line
card. TRAINING BULLETIN
Evaluation Coordinator: Training Commander
Automatic Revision Cycle: 3 Years
“Department Training Bulletins shall be used to advise members of current police techniques and
procedures and shall constitute official policy.”
Index Number: IV-A.09
Alpha Index: Rights of Victims of Crime Effective Date:
22 APR 15
RIGHTS OF VICTIMS OF CRIME , Index Number IV -A.09
Documentation
A. All p ersonnel completing a crime report for a victim shall document in the narrative of
the report the actions completed in relation to the Marsy’s Rights card (e.g. card
provided, referred to website. )
B. Follow -up investigators who provide a Marsy’s Rights card or referral to the available
on-line card shall document their action in the case notes.
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