BILL NUMBER: SB 1248	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2012

INTRODUCED BY   Senator Alquist

                        FEBRUARY 23, 2012

   An act to amend Section 1219.5 of the Code of Civil Procedure,
relating to court proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1248, as amended, Alquist. Civil procedure: contempt.
   Existing law requires courts to refer minors under 16 years of age
who refuse to testify in a court proceeding to a probation officer,
as specified, and to receive a recommendation and report from that
probation officer, before imposing a sanction for contempt, except as
specified.
   This bill would require the court to require a victim of a sex
crime who is subject to the above requirements to meet with a victim
advocate, as defined.  The bill would require a victim
advocate to provide the victim with an explanation of his or her
rights, and prohibit any person from interfering with any meeting
between the victim advocate and the victim.  The bill would
also permit a court to impose sanctions, as specified, on any parent
or guardian who the court finds is inappropriately interfering with
court processes by encouraging the victim to refuse to testify.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1219.5 of the Code of Civil Procedure is
amended to read:
   1219.5.  (a) Except as provided in subdivision (d), in any case in
which a contempt consists of the refusal of a minor under 16 years
of age to take the oath or to testify, before imposing any sanction
for the contempt, the court shall first refer the matter to the
probation officer in charge of matters coming before the juvenile
court for a report and recommendation as to the appropriateness of
the imposition of a sanction. The probation officer shall prepare and
file the report and recommendation within the time directed by the
court. In making the report and recommendation, the probation officer
shall consider factors such as the maturity of the minor, the
reasons for the minor's refusal to take the oath or to testify, the
probability that available sanctions will affect the decision of the
minor not to take the oath or not to testify, the potential impact on
the minor of his or her testimony, the potential impact on the
pending litigation of the minor's unavailability as a witness, and
the appropriateness of the various available sanctions in the minor's
case. The court shall consider the report and recommendation in
imposing a sanction in the case.
   (b) (1) A victim of a sex crime who is subject to subdivision (a)
shall meet with a victim advocate, as defined in Section 679.04 of
the Penal Code.  The victim advocate shall provide to the
victim an explanation of his or her legal rights. No person,
including the victim's attorney, shall interfere with any meeting
between the victim advocate and the victim.  
   (2) If a judge imposes a sanction for contempt on a minor
described in paragraph (1), the sanction shall be counseling. The
court shall select a counselor with expertise in treating minors who
are victims of sex crimes. The victim shall meet with a counselor at
least twice a week, for four weeks.  
   (3) 
    (2)  If the court finds that a parent or guardian is
inappropriately interfering with court processes by encouraging a
minor described in paragraph (1) to refuse to testify, the parent or
guardian may be sanctioned. The sanction may include counseling, a
fine, or jail time.
   (c) In any case in which the court orders the minor to be placed
outside of his or her home, the placement shall be in the least
restrictive setting available. Except as provided in subdivision
 (d)   (e)  , the court shall not order the
minor to be placed in a secure facility unless other placements have
been made and the minor has fled the custody and control of the
person under the control of whom he or she has been placed or has
persistently refused to obey the reasonable and proper orders or
directions of the person under the control of whom he or she has been
placed.
   (d) The court may impose a sanction for contempt prior to receipt
of the report and recommendation required by subdivision (a) if the
court enters a finding, supported by specific facts stated on the
record, that the minor would be likely to flee if released before the
receipt of the report and recommendation.
   (e) The court may order the minor placed in a secure facility
without first attempting the nonsecure placement required by
subdivision  (b)   (c)  if the court enters
a finding, supported by specific facts stated on the record, that
the minor would be likely to flee if released to nonsecure placement
as a prerequisite to secure confinement.