BILL NUMBER: AB 141	CHAPTERED  07/06/04

	CHAPTER  116
	FILED WITH SECRETARY OF STATE  JULY 6, 2004
	APPROVED BY GOVERNOR  JULY 6, 2004
	PASSED THE ASSEMBLY  JUNE 21, 2004
	PASSED THE SENATE  JUNE 14, 2004
	AMENDED IN SENATE  JUNE 9, 2004
	AMENDED IN SENATE  MAY 13, 2004
	AMENDED IN ASSEMBLY  APRIL 23, 2003

INTRODUCED BY   Assembly Member Cohn

                        JANUARY 17, 2003

   An act to amend Section 1109 of the Evidence Code, relating to
domestic violence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 141, Cohn.  Domestic violence:  evidence.
   Under existing law, evidence of a person's character, such as
opinion or specific instances of conduct, is generally not admissible
to prove a defendant's conduct on a particular occasion, with
specified exceptions.  Existing law provides, however, that when a
defendant is accused of domestic violence in a criminal action,
evidence of the defendant's prior acts of domestic violence may be
admitted to prove the defendant's conduct, except as to the findings
and declarations of a regulatory agency or when the acts occurred
more than 10 years ago or the court exercises its discretion to
exclude the evidence of prior acts, as specified.
   This bill would expand the definition of "domestic violence" for
these purposes, as specified.


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


  SECTION 1.  Section 1109 of the Evidence Code is amended to read:
   1109.  (a) (1) Except as provided in subdivision (e) or (f), in a
criminal action in which the defendant is accused of an offense
involving domestic violence, evidence of the defendant's commission
of other domestic violence is not made inadmissible by Section 1101
if the evidence is not inadmissible pursuant to Section 352.
   (2) Except as provided in subdivision (e) or (f), in a criminal
action in which the defendant is accused of an offense involving
abuse of an elder or dependent adult, evidence of the defendant's
commission of other abuse of an elder or dependent adult 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 or preclude the
admission or consideration of evidence under any other statute or
case law.
   (d) As used in this section, "domestic violence" has the meaning
set forth in Section 13700 of the Penal Code.  Subject to a hearing
conducted pursuant to Section 352, which shall include consideration
of any corroboration and remoteness in time, "domestic violence" has
the further meaning as set forth in Section 6211 of the Family Code
if the act occurred no more than five years before the charged
offense.  "Abuse of an elder or a dependent adult" has the meaning
set forth in Section 15610.07 of the Welfare and Institutions Code.
   (e) Evidence of acts occurring more than 10 years before the
charged offense is inadmissible under this section, unless the court
determines that the admission of this evidence is in the interest of
justice.
   (f) Evidence of the findings and determinations of administrative
agencies regulating the conduct of health facilities licensed under
Section 1250 of the Health and Safety Code is inadmissible under this
section.