Bill Text: CA AB1610 | 2013-2014 | Regular Session | Chaptered
Bill Title: Material witnesses: human trafficking.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Passed) 2014-09-28 - Chaptered by Secretary of State - Chapter 709, Statutes of 2014. [AB1610 Detail]
Download: California-2013-AB1610-Chaptered.html
BILL NUMBER: AB 1610 CHAPTERED
BILL TEXT
CHAPTER 709
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2014
APPROVED BY GOVERNOR SEPTEMBER 28, 2014
PASSED THE SENATE AUGUST 21, 2014
PASSED THE ASSEMBLY AUGUST 22, 2014
AMENDED IN SENATE AUGUST 18, 2014
AMENDED IN SENATE JUNE 3, 2014
AMENDED IN SENATE MAY 8, 2014
AMENDED IN ASSEMBLY MARCH 20, 2014
INTRODUCED BY Assembly Member Bonta
(Coauthors: Assembly Members Garcia, Gonzalez, Maienschein, V.
Manuel Pérez, Skinner, Ting, Waldron, and Wieckowski)
(Coauthor: Senator Anderson)
FEBRUARY 6, 2014
An act to amend Sections 1335 and 1337 of the Penal Code, relating
to material witnesses.
LEGISLATIVE COUNSEL'S DIGEST
AB 1610, Bonta. Material witnesses: human trafficking.
Existing law authorizes the defendant or the people, in cases
where the defendant has been charged with a serious felony, as
defined, or in a case of domestic violence, to have a witness
examined conditionally, as specified, if there is evidence that the
life of the witness is in jeopardy. Existing law specifies the
information required to be stated in the affidavit applying to
examine a witness conditionally, including the nature of the offense
charged.
This bill would authorize the defendant or the people to apply for
an order that the witness be examined conditionally when the
defendant has been charged with human trafficking and there is
evidence that the victim or material witness has been or is being
dissuaded by the defendant or a person acting on behalf of the
defendant, by intimidation or physical threat, from cooperating with
the prosecutor or testifying at trial. This bill would also allow a
court to examine a victim or material witness conditionally if the
court finds there is a reasonable basis to believe that the witness
will not attend the trial because he or she is under the direct
control of the defendant or another person involved in human
trafficking and, by virtue of this relationship, the defendant or
other person seeks to prevent the witness or victim from testifying.
The bill would conform the affidavit requirements for applying to
examine a witness conditionally.
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) If a defendant has been charged with a public offense
triable in a 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) If 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) (1) If a defendant has been charged with human trafficking,
pursuant to Section 236.1, and there is evidence that the victim or
material witness has been or is being dissuaded by the defendant or a
person acting on behalf of the defendant, by intimidation or
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.
(2) If a defendant has been charged with human trafficking,
pursuant to Section 236.1, and the court finds that there is a
reasonable basis to believe that the material witness will not attend
the trial because he or she is under the direct control of the
defendant or another person involved in human trafficking and, by
virtue of this relationship, the defendant or other person seeks to
prevent the witness or victim from testifying, and if the defendant
has been fully informed of his or her right to counsel as provided by
law, the court may have a witness examined conditionally as
prescribed in this chapter.
(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 a 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, the following definitions
shall apply:
(1) "Domestic violence" means a public offense arising from acts
of domestic violence as defined in Section 13700.
(2) "Serious felony" means a felony listed in subdivision (c) of
Section 1192.7 or a violation of Section 11351, 11352, 11378, or
11379 of the Health and Safety Code.
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 any of the following are true:
(1) 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.
(2) That the witness is a victim or a material witness in a human
trafficking case who has been or is being intimidated or threatened,
as described in paragraph (1) of subdivision (c) of Section 1335,
from cooperating with the prosecutor or testifying at trial.
(3) 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.
