Section 649.59 - Failure to Cooperate with Law Enforcement(a) A victim or derivative victim shall reasonably cooperate with any law enforcement agency in its investigation of the qualifying crime and the apprehension and prosecution of any person involved in the qualifying crime.(b) A victim or derivative victim who knowingly and willingly failed to reasonably cooperate with a law enforcement agency in the investigation of the qualifying crime and the apprehension and conviction of any person involved in the qualifying crime is not eligible for assistance.(c) A victim or derivative victim who initially cooperated with a law enforcement agency as required by subsection (a), and was determined to be eligible for assistance, and subsequently knowingly and willingly failed to cooperate with a law enforcement agency, may be found eligible for assistance only during the period the victim or derivative victim cooperated with a law enforcement agency.(d) A derivative victim is not eligible for assistance if the victim of the same qualifying crime failed to cooperate with a law enforcement agency as required by subdivision (a).(e) Cooperation with a law enforcement agency includes, but is not limited to: (1) reporting the qualifying crime;(2) completely and truthfully responding to requests for information in a timely manner;(3) cooperating with identifying and apprehending any person involved in the qualifying crime; and(4) testifying in all proceedings, including restitution proceedings, as required.(f) A victim or derivative victim whose conduct adversely affected the ability of a law enforcement agency either to investigate a qualifying crime, or to apprehend or convict any person involved in the qualifying crime may be found to have failed to cooperate with a law enforcement agency. (1) A victim or derivative victim whose action or failure to act required a law enforcement agency to expend additional effort to apprehend or convict any person involved in the qualifying crime may be found to have failed to cooperate with a law enforcement agency.(2) A victim or derivative victim whose action or failure to act unreasonably impeded or impaired the investigation of the qualifying crime, or the apprehension or conviction of any person involved in the qualifying crime may be found to have failed to cooperate with a law enforcement agency.(g) In order to determine that a victim or derivative victim failed to cooperate with a law enforcement agency for a delay in reporting the qualifying crime, the delay must have adversely affected a law enforcement agency as described in subsection (f).(h) The failure of a victim or derivative victim to perform any of the duties described in subsection (e)(2) through (4) may be found to be a failure to cooperate with a law enforcement agency even if the failure did not adversely affect a law enforcement agency as described in subsection (f).(i) Factors that may be considered when assessing a victim's or derivative victim's cooperation with a law enforcement agency include, but are not limited to: (3) psychological or emotional condition;(4) compelling health or personal safety factors;(5) reasonable fear of retaliation or harm to self or family.(j) The factors listed in subsection (i) shall be considered when assessing a minor victim's cooperation with a law enforcement agency.(k) The assessment of a victim's or derivative victim's cooperation with a law enforcement agency shall be based on all available evidence, including supplemental crime reports. Significant weight may be given to the evidence from and conclusions of a law enforcement agency after investigation of the qualifying crime when determining whether the victim or derivative victim cooperated with law enforcement.(l) The eligibility of a minor victim shall not be affected by the failure of the minor victim's parent, legal custodian, or legal guardian to cooperate with a law enforcement agency.(m) A minor derivative victim is not eligible if both of the following are true:(1) the minor derivative victim's parent, legal custodian, or legal guardian is the victim through whom the minor seeks to qualify as a derivative victim; and(2) the person described in subsection (m)(1) failed to cooperate reasonably with a law enforcement agency.(n) An application from a non-offending parent concerning a child sexual abuse qualifying crime shall not be denied under subsection (a) for failing to timely report the qualifying crime to a law enforcement agency if the non-offending parent otherwise cooperated with a law enforcement agency.(o) For the purposes of this section, "law enforcement agency" includes a child protective services agency.(p) For the purposes of this section, "prosecution" shall include the imposition of restitution.Cal. Code Regs. Tit. 2, § 649.59
1. Change without regulatory effect renumbering former section 657.1 to section 649.59, including amendment of NOTE, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
2. Amendment of subsections (a)-(b), (k), (m), (m)(2) and (p) filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24). Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Section 13956, Government Code.
1. Change without regulatory effect renumbering former section 657.1 to section 649.59, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
2. Amendment of subsections (a)-(b), (k), (m), (m)(2) and (p) filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).