BILL ANALYSIS Ó
AB 2051
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ASSEMBLY THIRD READING
AB 2051 (Campos)
As Amended May 16, 2012
Majority vote
PUBLIC SAFETY 6-0
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|Ayes:|Ammiano, Knight, Cedillo, | | |
| |Hagman, Mitchell, Skinner | | |
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SUMMARY : Authorizes courts to refer victims of domestic violence
cases to a domestic violence counselor when they refuse to testify
and permits prosecutors to re-file charges when they dismiss cases
due to a domestic violence victim's failure to testify.
Specifically, this bill :
1)Authorizes courts to refer a victim of a domestic violence crime
who refuses to testify to a domestic violence counselor, as
defined, before finding the victim in contempt of court.
2)Specifies that any communications between the victim and the
domestic violence counselor would remain confidential, subject to
certain exceptions.
3)Provides that an order terminating an action does not bar further
prosecution within six months for the same offense if the
termination of the action was the result of the complaining
witness being found in contempt of court for refusing to testify
about the sexual assault or domestic violence crime.
EXISTING LAW :
1)Includes the following acts or omissions in respect to a court of
justice, or proceedings therein, are contempts of authority of the
court:
a) Disorderly, contemptuous, or insolent behavior toward the
judge while holding the court, tending to interrupt the due
course of a trial or other judicial proceeding;
b) A breach of the peace, boisterous conduct, or violent
disturbance, tending to interrupt the due course of a trial or
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other judicial proceeding;
c) Misbehavior in office, or other willful neglect or violation
of duty by an attorney, counsel, clerk, sheriff, coroner, or
other person, appointed or elected to perform a judicial or
ministerial service;
d) Abuse of the process or proceedings of the court, or falsely
pretending to act under authority of an order or process of the
court;
e) Disobedience of any lawful judgment, order, or process of
the court;
f) Rescuing any person or property in the custody of an officer
by virtue of an order or process of such court;
g) Unlawfully detaining a witness, or party to an action while
going to, remaining at, or returning from the court where the
action is on the calendar for trial;
h) Any other unlawful interference with the process or
proceedings of a court;
i) Disobedience of a subpoena duly served, or refusing to be
sworn or answer as a witness;
j) When summoned as a juror in a court, neglecting to attend or
serve as such, or improperly conversing with a party to an
action, to be tried at such court, or with any other person, in
relation to the merits of such action, or receiving a
communication from a party or other person in respect to it,
without immediately disclosing the same to the court; and,
aa) Disobedience by an inferior tribunal, magistrate, or
officer, of the lawful judgment, order, or process of a
superior court, or proceeding in an action or special
proceeding contrary to law, after such action or special
proceeding is removed from the jurisdiction of such inferior
tribunal, magistrate, or officer:
i) No speech or publication reflecting upon or concerning
any court or any officer thereof shall be treated or punished
as a contempt of such court unless made in the immediate
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presence of such court while in session and in such a manner
as to actually interfere with its proceedings;
ii) Notwithstanding any other provision of law, if an order
of contempt is made affecting an attorney, his agent,
investigator, or any person acting under the attorney's
direction, in the preparation and conduct of any action or
proceeding, the execution of any sentence shall be stayed
pending the filing within three judicial days of a petition
for extraordinary relief testing the lawfulness of the
court's order, the violation of which is the basis of the
contempt, except for such conduct as may be proscribed by
Business and Professions Code Section 6068(b), relating to an
attorney's duty to maintain respect due to the courts and
judicial officers; and,
iii) Notwithstanding any other provision of law, if an order
of contempt is made affecting a public safety employee acting
within the scope of employment for reason of the employee's
failure to comply with a duly issued subpoena or subpoena
duces tecum, the execution of any sentence shall be stayed
pending the filing within three judicial days of a petition
for extraordinary relief testing the lawfulness of the
court's order, a violation of which is the basis for the
contempt.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This bill would simply provide
a mechanism for victims to get the proper care they deserve. It
would also give victims the opportunity to understand the legal
process, along with their rights and responsibilities, in an
environment where they can be free from the fear of retaliation at
the hand of their abusers."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744FN: 0003700
AB 2051
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