Bill Text: CA SB575 | 2013-2014 | Regular Session | Amended

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Bill Title: Evidence: admissibility.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB575 Detail]

Download: California-2013-SB575-Amended.html

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BILL NUMBER: SB 575	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Yee

                        FEBRUARY 22, 2013

   An act  to add Section 1110 to the Evidence Code, 
relating to  foster care   evidence  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 575, as amended, Yee.  Foster care trust funds: general
obligation bonds.   Evidence: admissibility  
.  
   Existing law provides that a person who is under 18 years of age
and who commits a crime is within the jurisdiction of the juvenile
court and may be adjudicated a ward of the court, except as
specified. Existing law requires the prosecuting attorney to offer
proof beyond a reasonable doubt to support a finding that a minor is
a ward of the court. The admission and exclusion of evidence in
juvenile court is pursuant to the rules of evidence established by
the Evidence Code and by judicial decision.  
   Existing law permits in criminal actions the admission of expert
testimony regarding intimate partner battering and its effects,
including testimony on the nature and effect of physical, emotional,
or mental abuse on the beliefs, perceptions, or behavior of victims
of domestic violence.  
   This bill would provide that in a juvenile court hearing or in a
criminal proceeding against a minor, expert testimony is admissible
regarding the condition of the mind of the minor at the time of the
offense, including the nature and effect of physical, emotional, or
mental abuse on the beliefs, perceptions, or behavior of victims of
child abuse and neglect, as defined, except as specified. 

   Existing law provides for child welfare services, which are public
social services directed toward, among other purposes, protecting
and promoting the welfare of all children, including those in foster
care placement. Existing law provides for the Aid to Families with
Dependent Children-Foster Care (AFDC-FC) program, under which,
pursuant to a combination of federal, state, and county funds, aid on
behalf of eligible children is paid to foster care providers.
 
   This bill would declare the intent of the Legislature to
subsequently amend this bill to include provisions that would seek
approval of the voters for the issuance of general obligation bonds
to provide revenue for the establishment of an individual trust fund
account for each foster child to provide funds necessary to pay the
costs of care and related costs until the child reaches 26 years of
age. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 juvenile court hearing that is based upon a
petition that alleges that the minor upon whose behalf the petition
is being brought is a person within the description of Section 602 of
the Welfare and Institutions Code, or in a criminal proceeding
against a minor, expert testimony is admissible by either the
prosecution or the defense regarding the condition of the mind of the
minor at the time of the offense, including testimony on the nature
and effect of physical, emotional, or mental abuse on the beliefs,
perceptions, or behavior of victims of child abuse and neglect,
except when offered against the minor to prove the occurrence of the
act or acts of abuse that form the basis of the adjudication.
   (b) The foundation shall be sufficient for admission of this
expert testimony if the proponent of the evidence establishes its
relevancy and the proper qualifications of the expert witness. Expert
opinion testimony on child abuse and neglect and its effects shall
not be considered a new scientific technique whose reliability is
unproven.
   (c) For purposes of this section, "child abuse and neglect" is
defined in Section 11165.6 of the Penal Code, and may include acts
described in Section 300 of the Welfare and Institutions Code.
   (d) This section shall be known and may be cited as the Expert
Witness Testimony on Child Abuse and Neglect and Its Effects Section
of the Evidence Code.  
  SECTION 1.    It is the intent of the Legislature
to subsequently amend this measure to include provisions that would
seek approval of the voters for the issuance of general obligation
bonds to provide revenue for the establishment of an individual trust
fund account for each foster child to provide funds necessary to pay
the costs of care and related costs until the child reaches 26 years
of age.