BILL NUMBER: AB 2252 CHAPTERED 07/17/02 CHAPTER 194 FILED WITH SECRETARY OF STATE JULY 17, 2002 APPROVED BY GOVERNOR JULY 16, 2002 PASSED THE ASSEMBLY JUNE 30, 2002 PASSED THE SENATE JUNE 28, 2002 AMENDED IN SENATE JUNE 18, 2002 AMENDED IN ASSEMBLY MAY 15, 2002 AMENDED IN ASSEMBLY APRIL 1, 2002 INTRODUCED BY Assembly Member Cohn (Coauthor: Assembly Member Zettel) (Coauthors: Senators Figueroa and Soto) FEBRUARY 20, 2002 An act to amend Section 1108 of the Evidence Code, and to amend Section 784.7 of the Penal Code, relating to sex crimes. LEGISLATIVE COUNSEL'S DIGEST AB 2252, Cohn. Sex crimes: evidence. Existing law provides that, except as specified, evidence of a person's character is inadmissible when offered to prove his or her conduct on a specified occasion. Existing law creates exceptions to that rule, including that 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 inadmissible under that rule, except as specified. Existing law defines the term "sexual offense" as conduct proscribed by various sections of the Penal Code as well as other types of conduct. This bill would expand the definition of "sexual offense" for the purposes of the aforementioned exception to the rule against the admission of character evidence to include those violations of the law proscribing assault with the intent to commit a specified felony that requires sexual intent. Existing law vests territorial jurisdiction for specified sexual, domestic, and stalking offenses that involve the same defendant and victim but occur in more than one territorial jurisdiction, in any jurisdiction where at least one of the offenses occurred. This bill would add the charges of specified sex crimes and aggravated sexual assault of a child to those offenses for which territorial jurisdiction over multiple violations lies in any jurisdiction where one of those offenses happened, subject to a specified hearing in which the prosecution is required to present evidence that all district attorneys in counties with jurisdiction of the offenses agree to the venue. It would also eliminate, as to the sexual offenses, the requirement that these offenses involve a single victim for territorial jurisdiction to lie in any jurisdiction where one of these offenses happened. This bill would also permit, as to all of the specified sexual, domestic, and stalking offenses, similar jurisdictional rules to apply to any charge which could properly be joined to one of those offenses. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1108 of the Evidence Code is amended to read: 1108. (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, at least 30 days before the scheduled date of trial or at such later time as the court may allow for good cause. (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 Section 243.4, 261, 261.5, 262, 264.1, 266c, 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. SEC. 2. Section 784.7 of the Penal Code is amended to read: 784.7. (a) When more than one violation of Section 220, except assault with intent to commit mayhem, 261, 262, 264.1, 269, 286, 288, 288a, 288.5, or 289 occurs in more than one jurisdictional territory, the jurisdiction of any of those offenses, and for any offenses properly joinable with that offense, is in any jurisdiction where at least one of the offenses occurred, subject to a hearing, pursuant to Section 954, within the jurisdiction of the proposed trial. At the Section 954 hearing, the prosecution shall present evidence in writing that all district attorneys in counties with jurisdiction of the offenses agree to the venue. Charged offenses from jurisdictions where there is no written agreement from the district attorney shall be returned to that jurisdiction. (b) When more than one violation of Section 273a, 273.5, or 646.9 occurs in more than one jurisdictional territory, and the defendant and the victim are the same for all of the offenses, the jurisdiction of any of those offenses and for any offenses properly joinable with that offense, is in any jurisdiction where at least one of the offenses occurred.