Open unsolved murder: review and reinvestigation.

Existing law defines murder as the unlawful killing of a human being, or a fetus, with malice aforethought. Various law enforcement agencies and district attorney offices throughout California have established cold case units to investigate unsolved murders. This bill would require an applicable law enforcement agency to review the casefile regarding an open unsolved murder upon written application by a designated person to determine if a reinvestigation would result in probative investigative leads, as specified. The bill would define an open unsolved murder as a murder committed more than one year prior to the date of the application for case review, that was investigated by a law enforcement agency, was committed after January 1, 1990, where all probative investigative leads have been exhausted, and for which no suspect has been identified. If the review determines a reinvestigation would result in probative investigative leads, this bill would require a reinvestigation, as specified. The bill would prohibit a reinvestigation from being conducted by a person who previously investigated the homicide at issue, as specified, and would allow only one reinvestigation from being undertaken at any one time with respect to the same victim. By imposing new duties on local law enforcement agencies, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.