BILL NUMBER: AB 886 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Cook
(Principal coauthor: Senator Berryhill)
FEBRUARY 17, 2011
An act to amend Section 679.02 of the Penal Code, relating to
victim's rights.
LEGISLATIVE COUNSEL'S DIGEST
AB 886, as introduced, Cook. Victim's rights: victim impact
statement.
Existing law establishes the rights of crime victims, witnesses,
and other specified persons to appear, reasonably express his or her
views, and to have the court consider his or her statements.
This bill would prohibit the court from releasing the statements
to the public prior to being heard in court.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 679.02 of the Penal Code is amended to read:
679.02. (a) The following are hereby established as the statutory
rights of victims and witnesses of crimes:
(1) To be notified as soon as feasible that a court proceeding to
which he or she has been subpoenaed as a witness will not proceed as
scheduled, provided the prosecuting attorney determines that the
witness' attendance is not required.
(2) Upon request of the victim or a witness, to be informed by the
prosecuting attorney of the final disposition of the case, as
provided by Section 11116.10.
(3) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all sentencing proceedings, and of the right to
appear, to reasonably express his or her views, have those views
preserved by audio or video means as provided in Section 1191.16, and
to have the court consider his or her statements, as provided by
Sections 1191.1 and 1191.15.
(4) For the victim, the victim's parents or guardian if the victim
is a minor, or the next of kin of the victim if the victim has died,
to be notified of all juvenile disposition hearings in which the
alleged act would have been a felony if committed by an adult, and of
the right to attend and to express his or her views, as provided by
Section 656.2 of the Welfare and Institutions Code.
(5) Upon request by the victim or the next of kin of the victim if
the victim has died, to be notified of any parole eligibility
hearing and of the right to appear, either personally as provided by
Section 3043 of this code, or by other means as provided by Sections
3043.2 and 3043.25 of this code, to reasonably express his or her
views, and to have his or her statements considered, as provided by
Section 3043 of this code and by Section 1767 of the Welfare and
Institutions Code.
(6) Upon request by the victim or the next of kin of the victim if
the crime was a homicide, to be notified of an inmate's placement in
a reentry or work furlough program, or notified of the inmate's
escape as provided by Section 11155.
(7) To be notified that he or she may be entitled to witness fees
and mileage, as provided by Section 1329.1.
(8) For the victim, to be provided with information concerning the
victim's right to civil recovery and the opportunity to be
compensated from the Restitution Fund pursuant to Chapter 5
(commencing with Section 13959) of Part 4 of Division 3 of Title 2 of
the Government Code and Section 1191.2 of this code.
(9) To the expeditious return of his or her property which has
allegedly been stolen or embezzled, when it is no longer needed as
evidence, as provided by Chapter 12 (commencing with Section 1407)
and Chapter 13 (commencing with Section 1417) of Title 10 of Part 2.
(10) To an expeditious disposition of the criminal action.
(11) To be notified, if applicable, in accordance with Sections
679.03 and 3058.8 if the defendant is to be placed on parole.
(12) For the victim, upon request, to be notified of any pretrial
disposition of the case, to the extent required by Section 28 of
Article I of the California Constitution.
(A) A victim may request to be notified of a pretrial disposition.
(B) The victim may be notified by any reasonable means available.
Nothing in this paragraph is intended to affect the right of the
people and the defendant to an expeditious disposition as provided in
Section 1050.
(13) For the victim, to be notified by the district attorney's
office of the right to request, upon a form provided by the district
attorney's office, and receive a notice pursuant to paragraph (14),
if the defendant is convicted of any of the following offenses:
(A) Assault with intent to commit rape, sodomy, oral copulation,
or any violation of Section 264.1, 288, or 289, in violation of
Section 220.
(B) A violation of Section 207 or 209 committed with the intent to
commit a violation of Section 261, 262, 286, 288, 288a, or 289.
(C) Rape, in violation of Section 261.
(D) Oral copulation, in violation of Section 288a.
(E) Sodomy, in violation of Section 286.
(F) A violation of Section 288.
(G) A violation of Section 289.
(14) When a victim has requested notification pursuant to
paragraph (13), the sheriff shall inform the victim that the person
who was convicted of the offense has been ordered to be placed on
probation, and give the victim notice of the proposed date upon which
the person will be released from the custody of the sheriff.
(b) The rights set forth in subdivision (a) shall be set forth in
the information and educational materials prepared pursuant to
Section 13897.1. The information and educational materials shall be
distributed to local law enforcement agencies and local victims'
programs by the Victims' Legal Resource Center established pursuant
to Chapter 11 (commencing with Section 13897) of Title 6 of Part 4.
(c) Local law enforcement agencies shall make available copies of
the materials described in subdivision (b) to victims and witnesses.
(d) Nothing in this section is intended to affect the rights and
services provided to victims and witnesses by the local assistance
centers for victims and witnesses.
(e) The court shall not release statements, made pursuant to
paragraph (3) or (4) of subdivision (a), to the public prior to the
statement being heard in court.