Bill Text: CA SB230 | 2017-2018 | Regular Session | Amended
Bill Title: Evidence: commercial sexual offenses.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-10-14 - Chaptered by Secretary of State. Chapter 805, Statutes of 2017. [SB230 Detail]
Download: California-2017-SB230-Amended.html
Amended
IN
Senate
April 27, 2017 |
Senate Bill | No. 230 |
Introduced by Senator Atkins (Principal coauthor: Senator Jackson) (Coauthors: Senators Anderson and Stone) |
February 02, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1110 is added to the Evidence Code, to read:1110.
(a) In a criminal action in which the defendant is accused of a commercial sexual offense, evidence of the defendant’s commission of another commercial sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not made inadmissible pursuant to Section 352.(a)In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant’s commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352.
(b)In an action in which evidence is to be offered under this section, the people shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered in compliance with the provisions of Section 1054.7 of the Penal Code.
(c)This section shall not be construed to limit the admission or consideration of evidence under
any other section of this code.
(d)As used in this section, the following definitions shall apply:
(1)“Sexual offense” means a crime under the law of a state or of the United States that involved any of the following:
(A)Any conduct proscribed by subdivision (b) or (c) of Section 236.1, or Section 243.4, 261, 261.5, 262, 264.1, 266c, 266h, 266i, 269, 286, 288, 288a, 288.2, 288.5, or 289, or subdivision (b), (c), or (d) of Section 311.2,
or Section 311.3, 311.4, 311.10, 311.11, 314, or 647.6, of the Penal Code.
(B)Any conduct proscribed by Section 220 of the Penal Code, except assault with intent to commit mayhem.
(C)Contact, without consent, between any part of the defendant’s body or an object and the genitals or anus of another person.
(D)Contact, without consent, between the genitals or anus of the defendant and any part of another person’s body.
(E)Deriving sexual pleasure or gratification from the infliction of death, bodily injury, or physical pain on another person.
(F)An attempt or conspiracy to engage in conduct described in this paragraph.
(2)“Consent” shall have the same meaning as provided in Section 261.6 of the Penal Code, except that it does not include consent which is legally ineffective because of the age, mental disorder, or developmental or physical disability of the victim.