Bill Text: CA SB197 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Domestic violence proceedings: conditional examination

Spectrum: Bipartisan Bill

Status: (Passed) 2009-10-11 - Chaptered by Secretary of State. Chapter 567, Statutes of 2009. [SB197 Detail]

Download: California-2009-SB197-Chaptered.html

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BILL NUMBER: SB 197	CHAPTERED
	BILL TEXT

	CHAPTER  567
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  SEPTEMBER 8, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  AUGUST 31, 2009
	AMENDED IN ASSEMBLY  JULY 15, 2009
	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 23, 2009

INTRODUCED BY   Senators Pavley and Benoit

                        FEBRUARY 23, 2009

   An act to amend Sections 1335, 1337, and 1341 of the Penal Code,
relating to domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 197, Pavley. Domestic violence proceedings: conditional
examination of witnesses.
   Existing law provides for the conditional examination of a witness
by the defendant in all cases, and by the people in cases where the
punishment may be other than death, if the defendant is charged with
a serious felony and there is evidence that the life of the witness
is in jeopardy, and in certain other circumstances.
   This bill would also provide for the conditional examination of a
witness by the people or the defendant in a case of domestic
violence, as defined, when there is evidence that the life of the
witness is in jeopardy or when there is evidence that a victim or
material witness has been or is being dissuaded, as provided, from
cooperating with the prosecutor or testifying at trial. The bill
would make conforming changes to related provisions.


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

  SECTION 1.  Section 1335 of the Penal Code is amended to read:
   1335.  (a) When a defendant has been charged with a public offense
triable in any court, he or she in all cases, and the people in
cases other than those for which the punishment may be death, may, if
the defendant has been fully informed of his or her right to counsel
as provided by law, have witnesses examined conditionally in his or
her or their behalf, as prescribed in this chapter.
   (b) When a defendant has been charged with a serious felony or in
a case of domestic violence, the people or the defendant may, if the
defendant has been fully informed of his or her right to counsel as
provided by law, have a witness examined conditionally as prescribed
in this chapter, if there is evidence that the life of the witness is
in jeopardy.
   (c) As used in this section, "serious felony" means any of the
felonies listed in subdivision (c) of Section 1192.7 or any violation
of Section 11351, 11352, 11378, or 11379 of the Health and Safety
Code.
   (d) If a defendant has been charged with a case of domestic
violence and there is evidence that a victim or material witness has
been or is being dissuaded by the defendant or any person acting on
behalf of the defendant, by intimidation or a physical threat, from
cooperating with the prosecutor or testifying at trial, the people or
the defendant may, if the defendant has been fully informed of his
or her right to counsel as provided by law, have a witness examined
conditionally as prescribed in this chapter.
   (e) For the purposes of this section, "domestic violence" means
any public offense arising from acts of domestic violence as defined
in Section 13700.
  SEC. 2.  Section 1337 of the Penal Code is amended to read:
   1337.  The application shall be made upon affidavit stating all of
the following:
   (a) The nature of the offense charged.
   (b) The state of the proceedings in the action.
   (c) The name and residence of the witness, and that his or her
testimony is material to the defense or the prosecution of the
action.
   (d) That the witness is about to leave the state, or is so sick or
infirm as to afford reasonable grounds for apprehending that he or
she will not be able to attend the trial, or is a person 65 years of
age or older, or a dependent adult, or that the life of the witness
is in jeopardy, or that the witness is a victim or material witness
in a domestic violence case who has been or is being intimidated or
threatened as described in subdivision (d) of Section 1335 from
cooperating with the prosecutor or testifying at trial.
  SEC. 3.  Section 1341 of the Penal Code is amended to read:
   1341.  If, at the designated time and place, it is shown to the
satisfaction of the magistrate that the stated ground for conditional
examination is not true or that the application was made to avoid
the examination of the witness at the trial, the examination cannot
take place.