BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 886| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 886 Author: Cook (R), et al. Amended: As introduced Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/14/11 AYES: Hancock, Anderson, Calderon, Harman, Liu, Price, Steinberg ASSEMBLY FLOOR : 73-0, 5/2/11 (Consent) - See last page for vote SUBJECT : Victims rights: victim impact statement SOURCE : More Kids DIGEST : This bill prohibits a court from releasing statements from a crime victim to the public prior to the statement being heard in court. ANALYSIS : Existing law provides that it is the right of a crime victim, as specified, to be notified of all sentencing proceedings, and of the right to appear, to reasonably express his/her views, have those views preserved by audio or video means, as specified, and to have the court consider his/her statements, as specified. (Penal Code Section 679.02(a)(3)) Existing law states that it is the right of a crime victim, as specified, to be notified of all juvenile disposition CONTINUED AB 886 Page 2 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/her views, as specified. (Penal Code Section 679.02(a)(4)) Existing law declares that a victim of any crime, as specified, has the right to attend all sentencing proceedings under this chapter and shall be given adequate notice by the probation officer of all sentencing proceedings concerning the person who committed the crime. Existing law further provides that the victim, as specified, has the right to appear, personally or by counsel, at the sentencing proceeding and to reasonably express his/her/their views concerning the crime, the person responsible and the need for restitution and states that the court in imposing sentence shall consider the statements of victims, parents or guardians, and next of kin made pursuant to this section and shall state on the record its conclusion concerning whether the person would pose a threat to public safety, if granted probation. (Penal Code Section 1191.1) This bill prohibits the court from releasing victim or witness statements prior to the statements being heard in court. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/14/11) More Kids (source) California Catholic Conference, Inc. California Narcotic Officers' Association California Peace Officers' Association California Police Chiefs Association California State Sheriffs' Association Crime Victims United of California ARGUMENTS IN SUPPORT : According to the author: "Under current California law, a victim must submit a victim impact statement in writing to the court before sentencing. This allows the court to review the CONTINUED AB 886 Page 3 statement to ensure that it complies with state law. It also allows defendants the chance to review the statement in accordance with their right to refute materials used against them at trial. "When the victim impact statement is submitted in writing to the court, it becomes a public document. This means that the media is able to request and gain access to it. This has led to situations where the victim impact statement ends up being published in the newspaper before the victim has the opportunity to read it in court. This can diminish the power of the statement when read in court, which undermines the rights of the victim. "This bill would change the California Public Records Law to prevent the release of a victim impact statement to the public before it is read in court. This change would prevent the release of victim impact statements to the public before they are read in court, while still guaranteeing the court's right to review the statement in advance. This will not infringe upon the defendant's right to have access to materials used against them in court." ASSEMBLY FLOOR : 73-0, 5/2/11 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fletcher, Fong, Furutani, Garrick, Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Charles Calderon, Fuentes, Galgiani, Gorell, Roger Hernández, Mendoza, Vacancy RJG:mw 6/15/11 Senate Floor Analyses CONTINUED AB 886 Page 4 SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED