BILL NUMBER: AB 77	CHAPTERED  07/16/01

	CHAPTER  62
	FILED WITH SECRETARY OF STATE  JULY 16, 2001
	APPROVED BY GOVERNOR  JULY 16, 2001
	PASSED THE ASSEMBLY  JUNE 29, 2001
	PASSED THE SENATE  JUNE 21, 2001
	AMENDED IN SENATE  JUNE 18, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Havice

                        JANUARY 4, 2001

   An act to amend Section 868.8 of the Penal Code, relating to
criminal proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 77, Havice.  Criminal proceedings:  persons with disabilities.
   Existing law requires courts to take special precautions to
provide for the comfort and protection of a child witness testifying
in criminal proceedings alleging certain sex offenses committed with
or upon a minor under the age of 11.  The court may, among other
things, allow the witness reasonable periods of relief and relocate
parties within the courtroom.
   This bill would extend these provisions to a person with a mental
disability, as defined.  This bill would also expand these
protections to cases of domestic violence, as specified.


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


  SECTION 1.  Section 868.8 of the Penal Code is amended to read:
   868.8.  Notwithstanding any other provision of law, in any
criminal proceeding in which the defendant is charged with a
violation of Section 243.4, 261, 273a, 273d, 285, 286, 288, 288a,
288.5, or 289, subdivision (1) of Section 314, Section 647.6, or
former Section 647a, or any crime that constitutes domestic violence
defined in Section 13700, committed with or upon a person with a
disability or a minor under the age of 11, the court shall take
special precautions to provide for the comfort and support of the
person with a disability or minor and to protect him or her from
coercion, intimidation, or undue influence as a witness, including,
but not limited to, any of the following:
   (a) In the court's discretion, the witness may be allowed
reasonable periods of relief from examination and cross-examination
during which he or she may retire from the courtroom.  The judge may
also allow other witnesses in the proceeding to be examined when the
person with a disability or child witness retires from the courtroom.

   (b) Notwithstanding Section 68110 of the Government Code, in his
or her discretion, the judge may remove his or her robe if the judge
believes that this formal attire intimidates the person with a
disability or the minor.
   (c) In the court's discretion the judge, parties, witnesses,
support persons, and court personnel may be relocated within the
courtroom to facilitate a more comfortable and personal environment
for the person with a disability or child witness.
   (d) In the court's discretion, the taking of the testimony of the
person with a disability or the minor may be limited to normal school
hours if there is no good cause to take the testimony of the person
with a disability or the minor during other hours.
   (e) For the purposes of this section, the term "disability" is
defined in subdivision (i) of Section 12926 of the Government Code.