Bill Text: CA AB2243 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Evidence: admissibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-06-13 - Chaptered by Secretary of State - Chapter 27, Statutes of 2018. [AB2243 Detail]

Download: California-2017-AB2243-Amended.html

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Amended  IN  Assembly  March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2243

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Introduced by Assembly Member Friedman

February 13, 2018

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An act to add Section 1162 to the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL'S DIGEST

AB 2243, as amended, Friedman. Evidence: admissibility.

Existing law provides that except as otherwise provided by statute, all relevant evidence is admissible.

This bill would prohibit the admissibility of evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined, of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victim’s or witness’s criminal liability for the act of prostitution.

The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

Because this bill may exclude from a criminal action information about a person’s liability for an act of prostitution that would otherwise be admissible, it requires a 2/3²/₃ vote of the Legislature.

Digest Key

Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1162 is added to the Evidence Code, to read:

1162.

 Evidence that a victim of, or a witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible to prove the victim or witness’s criminal liability for the act of prostitution.