Bill Text: CA AB1248 | 2009-2010 | Regular Session | Introduced

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Bill Title: Domestic violence: refusal to testify.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB1248 Detail]

Download: California-2009-AB1248-Introduced.html

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BILL NUMBER: AB 1248	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Emmerson

                        FEBRUARY 27, 2009

   An act to amend Section 1219 of the Code of Civil Procedure,
relating to domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1248, as introduced, Emmerson. Domestic violence: refusal to
testify.
   Existing law prohibits a court from imprisoning or otherwise
confining or placing into custody the victim of a sexual assault or a
domestic violence crime for contempt of court when the contempt
consists of refusing to testify concerning the sexual assault or
domestic violence crime.
   This bill would authorize the court to require a victim of a
domestic violence crime who refuses to testify to attend one session
of counseling and schedule a hearing to take place after the
counseling session to determine whether the victim's decision not to
testify was made freely and voluntarily and without coercion. The
bill would authorize the district attorney to refer the victim to a
nonprofit counseling group for purposes of that provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1219 of the Code of Civil Procedure is amended
to read:
   1219.  (a) Except as provided in subdivisions (b) and (c), when
the contempt consists of the omission to perform an act which is yet
in the power of the person to perform, he or she may be imprisoned
until he or she has performed it, and in that case the act shall be
specified in the warrant of commitment.
   (b) Notwithstanding any other law, no court may imprison or
otherwise confine or place in custody the victim of a sexual assault
or  a  domestic violence crime for contempt when the
contempt consists of refusing to testify concerning that sexual
assault or domestic violence crime.  However, the court may
require a victim of a domestic violence crime who refuses to testify
to attend one session of counseling. The court shall schedule a
hearing to take place after the counseling session to determine
whether the victim's decision not to testify was made freely and
voluntarily and without coercion. The district attorney may refer the
victim to a nonprofit counseling group for purposes of this
provision. 
   (c) As used in this section, the following terms have the
following meanings:
   (1) "Sexual assault" means any act made punishable by Section 261,
262, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.
   (2) "Domestic violence" means "domestic violence" as defined in
Section 6211 of the Family Code.