Open unsolved murder: review and reinvestigation.

Assembly Member Gipson's California Homicide Victims' Families' Rights Act establishes formal procedures for family members to request reviews of unsolved murder cases dating back to 1990. The legislation creates a structured process requiring law enforcement agencies to examine case files when immediate family members or their legal representatives submit written applications.

Under the new provisions, agencies must conduct comprehensive reviews within 90 days to determine if reinvestigation could yield new investigative leads. These reviews examine previously unexplored investigative steps, assess whether witnesses should be re-interviewed, and evaluate if additional forensic testing could provide relevant information. The bill mandates that reviews be conducted by investigators who did not participate in the original investigation. If the review indicates that reinvestigation could produce new leads, agencies must launch a full reinvestigation of the case.

The legislation includes several procedural safeguards and limitations. Agencies must provide periodic updates to family members throughout the review and investigation processes. Only one review or reinvestigation may occur at a time for each case, even when multiple agencies are involved. The bill also institutes a five-year waiting period between reviews unless new evidence emerges. Agencies retain discretion to withhold information that could compromise safety, ongoing investigations, court orders, or privacy obligations.

To implement these changes, law enforcement agencies must develop standardized application procedures and designate personnel responsible for processing review requests. The state will reimburse local agencies for costs associated with these new mandated duties, subject to determination by the Commission on State Mandates.