Bill Text: CA SB130 | 2013-2014 | Regular Session | Chaptered
Bill Title: Witnesses.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2013-06-28 - Chaptered by Secretary of State. Chapter 44, Statutes of 2013. [SB130 Detail]
Download: California-2013-SB130-Chaptered.html
BILL NUMBER: SB 130 CHAPTERED
BILL TEXT
CHAPTER 44
FILED WITH SECRETARY OF STATE JUNE 28, 2013
APPROVED BY GOVERNOR JUNE 28, 2013
PASSED THE SENATE APRIL 29, 2013
PASSED THE ASSEMBLY JUNE 20, 2013
AMENDED IN SENATE APRIL 24, 2013
INTRODUCED BY Senators Corbett and Anderson
(Coauthors: Assembly Members Alejo and Maienschein)
JANUARY 23, 2013
An act to amend Sections 868.5 and 868.8 of the Penal Code,
relating to witnesses.
LEGISLATIVE COUNSEL'S DIGEST
SB 130, Corbett. Witnesses.
Existing law provides that a prosecuting witness in the
prosecution of a case involving murder, kidnapping, and certain sex
offenses, among other specified offenses, is entitled, for support,
to the attendance of up to 2 persons of his or her own choosing at
the preliminary hearing and at the trial or juvenile court proceeding
during the testimony of the prosecuting witness, as specified.
This bill would extend these provisions to include cases involving
attempted violations of the above-described offenses, and would
expand the list of offenses that a witness is entitled to support to
include kidnapping with the intent to commit robbery or specified sex
offenses, certain sex offenses involving a minor under 10 years of
age, criminal threats, and stalking.
Existing law requires courts to take special precautions to
provide for the comfort and protection of a person with a disability
or a minor under 11 years of age when that person is testifying in
criminal proceedings alleging certain sex offenses committed with or
upon that person. The court may, among other things, allow the
witness reasonable periods of relief and relocate parties within the
courtroom.
This bill would extend these provisions to include cases involving
attempted violations of the above-described offenses, and would
expand the list of offenses that special precautions apply to include
kidnapping with the intent to commit robbery or specified sex
offenses, assault with intent to commit certain felonies, human
trafficking, aggravated sexual assault of a child, certain sex
offenses involving a minor under 10 years of age, criminal threats,
and stalking.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 868.5 of the Penal Code is amended to read:
868.5. (a) Notwithstanding any other law, a prosecuting witness
in a case involving a violation or attempted violation of Section
187, 203, 205, or 207, subdivision (b) of Section 209, Section 211,
215, 220, 236.1, 240, 242, 243.4, 245, 261, 262, 266, 266a, 266b,
266c, 266d, 266e, 266f, 266g, 266h, 266i, 266j, 266k, 267, 269, 273a,
273d, 273.5, 273.6, 278, 278.5, 285, 286, 288, 288a, 288.5, 288.7,
289, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, 311.10, 311.11, 422,
646.9, or 647.6, former Section 277 or 647a, subdivision (1) of
Section 314, or subdivision (b), (d), or (e) of Section 368 when the
prosecuting witness is the elder or dependent adult, shall be
entitled, for support, to the attendance of up to two persons of his
or her own choosing, one of whom may be a witness, at the preliminary
hearing and at the trial, or at a juvenile court proceeding, during
the testimony of the prosecuting witness. Only one of those support
persons may accompany the witness to the witness stand, although the
other may remain in the courtroom during the witness' testimony. The
person or persons so chosen shall not be a person described in
Section 1070 of the Evidence Code unless the person or persons are
related to the prosecuting witness as a parent, guardian, or sibling
and do not make notes during the hearing or proceeding.
(b) If the person or persons so chosen are also witnesses, the
prosecution shall present evidence that the person's attendance is
both desired by the prosecuting witness for support and will be
helpful to the prosecuting witness. Upon that showing, the court
shall grant the request unless information presented by the defendant
or noticed by the court establishes that the support person's
attendance during the testimony of the prosecuting witness would pose
a substantial risk of influencing or affecting the content of that
testimony. In the case of a juvenile court proceeding, the judge
shall inform the support person or persons that juvenile court
proceedings are confidential and may not be discussed with anyone not
in attendance at the proceedings. In all cases, the judge shall
admonish the support person or persons to not prompt, sway, or
influence the witness in any way. Nothing in this section shall
preclude a court from exercising its discretion to remove a person
from the courtroom whom it believes is prompting, swaying, or
influencing the witness.
(c) The testimony of the person or persons so chosen who are also
witnesses shall be presented before the testimony of the prosecuting
witness. The prosecuting witness shall be excluded from the courtroom
during that testimony. Whenever the evidence given by that person or
those persons would be subject to exclusion because it has been
given before the corpus delicti has been established, the evidence
shall be admitted subject to the court's or the defendant's motion to
strike that evidence from the record if the corpus delicti is not
later established by the testimony of the prosecuting witness.
SEC. 2. Section 868.8 of the Penal Code is amended to read:
868.8. Notwithstanding any other provision of law, in any
criminal proceeding in which the defendant is charged with a
violation or attempted violation of subdivision (b) of Section 209,
Section 220, 236.1, 243.4, 261, 269, 273a, 273d, 285, 286, 288, 288a,
288.5, 288.7, or 289, subdivision (1) of Section 314, Section 422,
646.9, 647.6, or former Section 647a, or any crime that constitutes
domestic violence defined in Section 13700, committed with or upon a
person with a disability or a minor under 11 years of age, the court
shall take special precautions to provide for the comfort and support
of the person with a disability or minor and to protect him or her
from coercion, intimidation, or undue influence as a witness,
including, but not limited to, any of the following:
(a) In the court's discretion, the witness may be allowed
reasonable periods of relief from examination and cross-examination
during which he or she may retire from the courtroom. The judge may
also allow other witnesses in the proceeding to be examined when the
person with a disability or child witness retires from the courtroom.
(b) Notwithstanding Section 68110 of the Government Code, in his
or her discretion, the judge may remove his or her robe if the judge
believes that this formal attire intimidates the person with a
disability or the minor.
(c) In the court's discretion the judge, parties, witnesses,
support persons, and court personnel may be relocated within the
courtroom to facilitate a more comfortable and personal environment
for the person with a disability or the child witness.
(d) In the court's discretion, the taking of the testimony of the
person with a disability or the minor may be limited to normal school
hours if there is no good cause to take the testimony of the person
with a disability or the minor during other hours.
(e) For the purposes of this section, the term "disability" is
defined in subdivision (j) of Section 12926 of the Government Code.
