BILL NUMBER: SB 1356	CHAPTERED
	BILL TEXT

	CHAPTER  49
	FILED WITH SECRETARY OF STATE  JULY 1, 2008
	APPROVED BY GOVERNOR  JULY 1, 2008
	PASSED THE SENATE  APRIL 21, 2008
	PASSED THE ASSEMBLY  JUNE 16, 2008
	AMENDED IN SENATE  APRIL 3, 2008

INTRODUCED BY   Senators Yee and Romero
   (Coauthors: Senators Kuehl and Padilla)
   (Coauthor: Assembly Member Lieber)

                        FEBRUARY 20, 2008

   An act to amend Section 1219 of the Code of Civil Procedure,
relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1356, Yee. Contempt: victim of domestic violence.
   Existing law generally empowers a court to punish for acts of
contempt, including authorizing a court to direct the incarceration
of a defendant until he or she complies with the court's order.
Existing law provides exceptions to this general rule by providing
that (1) a court may not imprison a victim of sexual assault for
contempt when the contempt consists of refusing to testify concerning
that sexual assault; and (2) in a finding of contempt for a victim
of domestic violence who refuses to testify, the court shall not
incarcerate the victim, but may require the victim to attend a
domestic violence program for victims or perform appropriate
community service, provided that in a subsequent finding of contempt
for refusing to testify arising out of the same case, the court shall
have the option of incarceration.
   This bill would revise the above provisions to provide, instead,
that in a finding of contempt for a victim of a sexual assault or
domestic violence crime for refusing to testify concerning that
sexual assault or domestic violence crime, the court may not imprison
the victim of the sexual assault or domestic violence crime.


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

  SECTION 1.  Section 1219 of the Code of Civil Procedure is amended
to read:
   1219.  (a) Except as provided in subdivisions (b) and (c), when
the contempt consists of the omission to perform an act which is yet
in the power of the person to perform, he or she may be imprisoned
until he or she has performed it, and in that case the act shall be
specified in the warrant of commitment.
   (b) Notwithstanding any other law, no court may imprison or
otherwise confine or place in custody the victim of a sexual assault
or domestic violence crime for contempt when the contempt consists of
refusing to testify concerning that sexual assault or domestic
violence crime.
   (c) As used in this section, the following terms have the
following meanings:
   (1) "Sexual assault" means any act made punishable by Section 261,
262, 264.1, 285, 286, 288, 288a, or 289 of the Penal Code.
   (2) "Domestic violence" means "domestic violence" as defined in
Section 6211 of the Family Code.