Bill Text: CA AB458 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Vehicles: peace officer vehicles: window tinting or

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2010-01-14 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H. [AB458 Detail]

Download: California-2009-AB458-Amended.html

---

BILL NUMBER: AB 458	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 29, 2009

INTRODUCED BY   Assembly Member Cook
   (Coauthor: Assembly Member Tom Berryhill)

                        FEBRUARY 24, 2009

   An act to amend Section  1324 of, and to repeal Section
1324.1 of,   1324.1 of  the Penal Code, relating to
criminal procedure.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 458, as amended, Cook. Criminal procedure: witness testimony.

   Existing law provides that in any felony proceeding or in any
investigation or proceeding before a grand jury for any felony
offense, if a person refuses to answer a question or produce evidence
of any other kind on the ground that he or she may be incriminated
thereby, there is a procedure for the court to compel the testimony
or production of evidence.  
   This bill would extend these provisions to any criminal
proceeding. 
   Existing law provides that in any misdemeanor proceeding in any
court, if a person refuses to answer a question or produce evidence
of any other kind on the ground that he may be incriminated thereby,
the person may agree in writing to testify voluntarily,  subject
to court approval of the written agreement,  as specified.
    This bill would  repeal those provisions  
instead provide a procedure for the district attorney to request the
court, and for the court to hold a hearing, to compel that person to
answer the question or produce the evidence, as specified  .
   Vote: majority. Appropriation: no. Fiscal committee:  yes
  no  . State-mandated local program:  yes
  no  .


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

   SECTION 1.    Section 1324.1 of the   Penal
Code   is amended to read: 
   1324.1.  In any misdemeanor proceeding in any court, if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he  or she  may be incriminated thereby,
 the person may agree in writing with the district attorney
of the county, or the prosecuting attorney of a city, as the case may
be, to testify voluntarily pursuant to this section. Upon written
request of such district attorney, or prosecuting attorney, the court
having jursidiction of the proceeding shall approve such written
agreement, unless the court finds that to do so would be clearly
contrary to the public interest. If, after court approval of such
agreement, and if, but for this section, the person would have been
privileged to withhold the answer given or the evidence produced by
him, that person shall not be prosecuted or subjected to penalty or
forfeiture for or on account of any fact or act concerning which, in
accordance with such agreement, he answered or produced evidence, but
he may, nevertheless, be prosecuted or subjected to penalty or
forfeiture for any perjury, false swearing or contempt committed in
answering or in producing evidence in accordance with such agreement.
If such person fails to give any answer or to produce any evidence
in accordance with such agreement, that person shall be prosecuted or
subjected to penalty or forfeiture in the same manner and to the
same extent as he would be prosecuted or subjected to penalty or
forfeiture but for this section   and if the district
attorney of the county or any other prosecuting agency in writing
requests the court, in and for that county, to order that person to
answer the question or produce the evidence, a judge shall set a time
for hearing and order the person to appear before the court and show
cause, if any, why the question should not be answered or the
evidence produced. The court shall order the question answered or the
evidence produced unless it finds that to do so would be clearly
contrary to the public interest, or could subject the witness to a
criminal prosecution in another jurisdiction, and that person shall
comply with the order. After complying, and if, but for this section,
he or she would have been privileged to withhold the answer given or
the evidence produced by him or her, no testimony or other
information compelled under th   e order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case. But
  he or she may nevertheless be prosecuted or subjected to
penalty or forfeiture for any perjury, false swearing or contempt
committed in answering, or failing to answer, or in producing, or
failing to produce, evidence in accordance with the order  .

  SECTION 1.    Section 1324 of the Penal Code is
amended to read:
   1324.  In any criminal proceeding or in any investigation or
proceeding before a grand jury for any criminal offense if a person
refuses to answer a question or produce evidence of any other kind on
the ground that he or she may be incriminated thereby, and if the
district attorney of the county or any other prosecuting agency in
writing requests the court, in and for that county, to order that
person to answer the question or produce the evidence, a judge shall
set a time for hearing and order the person to appear before the
court and show cause, if any, why the question should not be answered
or the evidence produced, and the court shall order the question
answered or the evidence produced unless it finds that to do so would
be clearly contrary to the public interest, or could subject the
witness to a criminal prosecution in another jurisdiction, and that
person shall comply with the order. After complying, and if, but for
this section, he or she would have been privileged to withhold the
answer given or the evidence produced by him or her, no testimony or
other information compelled under the order or any information
directly or indirectly derived from the testimony or other
information may be used against the witness in any criminal case. But
he or she may nevertheless be prosecuted or subjected to penalty or
forfeiture for any perjury, false swearing or contempt committed in
answering, or failing to answer, or in producing, or failing to
produce, evidence in accordance with the order. Nothing in this
section shall prohibit the district attorney or any other prosecuting
agency from requesting an order granting use immunity or
transactional immunity to a witness compelled to give testimony or
produce evidence.  
  SEC. 2.    Section 1324.1 of the Penal Code is
repealed.