BILL ANALYSIS
SB 197
Page 1
SENATE THIRD READING
SB 197 (Pavley)
As Amended August 31, 2009
Majority vote
SENATE VOTE : 35-0
PUBLIC SAFETY 7-0
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|Ayes:|Arambula, Hagman, | | |
| |Ammiano, Furutani, | | |
| |Gilmore, Hill, Ma | | |
| | | | |
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SUMMARY : Authorizes the use of conditional examinations by the
People or the defendant in specific cases of domestic violence,
as specified. Specifically, this bill :
1)States when a defendant has been charged in a misdemeanor or
felony case of domestic violence, the People or the defendant
may have a witness examined conditionally if there is evidence
that the life of the witness is in jeopardy, as specified.
2)States if a defendant has been charged with a case of domestic
violence and there is evidence that a victim or material
witness has been dissuaded by the defendant or any person
acting on behalf of the defendant, by intimidation or a
physical threat, from cooperating with the prosecutor or
testifying at trial the people or the defendant may, have a
witness examined conditionally, as specified.
3)Defines "domestic violence" as any public offense arising from
acts of domestic violence listed in provisions of law related
to arrest.
FISCAL EFFECT : None
COMMENTS : According to the author, "SB 197, as proposed to be
amended would permit a conditional examination where there is
evidence that the defendant or a person acting on behalf of the
defendant has intimidated or threatened the witness or where the
life of the witness is in jeopardy. This narrow extension of
conditional examinations is essential. Although misdemeanor
domestic violence is not as serious as cases charged as a
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felony, domestic violence escalates when there are no
consequences. When a case is dismissed because a witness has
been intimidated or threatened, the batterer is emboldened and
will continue, and often escalate, the violence. Some
eventually murder the victim or a future partner. It is to the
benefit of both the victim and the batterer to intervene early
in order to prevent an escalation of violence.
"It is estimated that over two million acts of domestic violence
take place each year in the United States. This particular type
of violence promotes a culture of depression, hopelessness and
fear because it is an ongoing steady cycle of abuse. It can be
blamed for increased medical care costs, decreased productivity
and increased absences at work. One incidence of domestic
violence can create a cycle of despair that is difficult for not
only the victim, but also entire families to overcome. We all
have heard the stories of escalating violence within families
that has culminated in the death of the victim or the victim's
children because they were afraid to come forward out of extreme
fear of the abuser or because they believed the abuser's false
promises to never harm them again. This bill would create an
additional procedural vehicle to preserve testimony of domestic
violence victims and witnesses so that it can be presented to a
jury and help prevent the dismissal of domestic violence cases
with the perpetrator free to commit the violence again.
"Domestic violence continues to be one of the most devastating
issues facing women today, but many cases are still frequently
dismissed, because victims and witnesses fear to testify against
their accuser in court. Under current law, when the life of a
witness is in jeopardy in a domestic violence case, there is no
procedure to preserve the testimony of that witness if a witness
fails to testify due to threats upon his or her life. Even if
the witness is murdered, prior statements of the witness cannot
be introduced and the perpetrator can go free. California also
lacks a procedure to preserve the testimony of a witness when a
prior domestic violence case is dismissed and re-filed due to
the unavailability of that witness
"In response, SB 197 allows domestic violence victims and
material witnesses in certain domestic violence cases to testify
prior to a court appearance, and have that testimony preserved
for use during the trial. In the event, the victim was
unavailable at the time of the actual trial, this conditional
exam, which still allows for cross-examination by the defense,
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could be presented by videotape or read to the jury. SB 197
builds upon current law which allows preserved testimony for
certain populations, such as the elderly and the disabled."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Kimberly Horiuchi / PUB. S. / (916)
319-3744
FN: 0002658