Bill Text: CA AB336 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Crimes: prostitution: evidence.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-18 - Chaptered by Secretary of State - Chapter 403, Statutes of 2014. [AB336 Detail]

Download: California-2013-AB336-Chaptered.html

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BILL NUMBER: AB 336	CHAPTERED
	BILL TEXT

	CHAPTER  403
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 18, 2014
	PASSED THE SENATE  AUGUST 26, 2014
	PASSED THE ASSEMBLY  MAY 31, 2013
	AMENDED IN ASSEMBLY  MAY 29, 2013
	AMENDED IN ASSEMBLY  MAY 8, 2013

INTRODUCED BY   Assembly Member Ammiano

                        FEBRUARY 13, 2013

   An act to add Section 782.1 to the Evidence Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 336, Ammiano. Crimes: prostitution: evidence.
   Existing law requires that in any of specified circumstances,
including, but not limited to, rape, unlawful sexual intercourse, or
sodomy, if evidence of sexual conduct of the complaining witness is
offered to attack the credibility of the complaining witness,
specified procedures be followed. Existing law includes, among those
procedures, a requirement that a written motion be made by the
defendant to the court and prosecutor stating that the defense has an
offer of proof of the relevancy of evidence of the sexual conduct of
the complaining witness proposed to be presented and its relevancy
in attacking the credibility of the complaining witness. Existing law
requires the written motion to be accompanied by an affidavit, filed
and sealed, in which the offer of proof is stated. Existing law
requires if the court finds that the offer of proof is sufficient,
the court to order a hearing out of the presence of the jury, if any,
and at the hearing allow the questioning of the complaining witness
regarding the offer of proof made by the defendant. Existing law
permits at the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the defendant regarding the sexual
conduct of the complaining witness is relevant and is not found
inadmissible, the court to make an order stating what evidence may be
introduced by the defendant, and the nature of the questions to be
permitted. Existing law states that the defendant may then offer that
specified evidence pursuant to the order of the court.
   This bill would require that in any prosecution for committing an
act of disorderly conduct or for loitering in any public place with
the intent to commit prostitution, if the possession of one or more
condoms is to be introduced as evidence in support of the commission
of the crime, specified procedures be followed that are similar to
existing law, except that the written motion would be made by the
prosecutor to the court and to the defendant stating that the
prosecution has an offer of proof of the relevancy of the possession
by the defendant of one or more condoms. The bill would permit, at
the conclusion of the hearing, if the court finds that evidence
proposed to be offered by the prosecutor regarding the possession of
condoms is relevant and is not inadmissible, the court to make an
order stating what evidence may be introduced by the prosecutor. The
bill would then permit the prosecutor to offer that specified
evidence pursuant to the order of the court.


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

  SECTION 1.  Section 782.1 is added to the Evidence Code, to read:
   782.1.  In any prosecution under Sections 647 and 653.22 of the
Penal Code, if the possession of one or more condoms is to be
introduced as evidence in support of the commission of the crime, the
following procedure shall be followed:
   (a) A written motion shall be made by the prosecutor to the court
and to the defendant stating that the prosecution has an offer of
proof of the relevancy of the possession by the defendant of one or
more condoms.
   (b) The written motion shall be accompanied by an affidavit in
which the offer of proof shall be stated. The affidavit shall be
filed under seal and only unsealed by the court to determine if the
offer of proof is sufficient to order a hearing pursuant to
subdivision (c). After that determination, the affidavit shall be
resealed by the court.
   (c) If the court finds that the offer of proof is sufficient, the
court shall order a hearing out of the presence of the jury, if any,
and at the hearing allow questioning regarding the offer of proof
made by the prosecution.
   (d) At the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the prosecutor regarding the
possession of condoms is relevant pursuant to Section 210, and is not
inadmissible pursuant to Section 352, the court may make an order
stating what evidence may be introduced by the prosecutor. The
prosecutor may then offer evidence pursuant to the order of the
court.
   (e) An affidavit resealed by the court pursuant to subdivision (b)
shall remain sealed, unless the defendant raises an issue on appeal
or collateral review relating to the offer of proof contained in the
sealed document. If the defendant raises that issue on appeal, the
court shall allow the Attorney General and appellate counsel for the
defendant access to the sealed affidavit. If the issue is raised on
collateral review, the court shall allow the district attorney and
defendant's counsel access to the sealed affidavit. The use of the
information contained in the affidavit shall be limited solely to the
pending proceeding.