BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   AB 886|
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                                SPECIAL CONSENT


          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 
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          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 

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            sentencing.  This allows the court to review the 
            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  6/24/11   Senate Floor Analyses 

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                         SUPPORT/OPPOSITION:  SEE ABOVE

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