California Legislature—2013–14 Regular Session

Assembly Bill No. 694

Introduced by Assembly Member Bloom

February 21, 2013

An act to amend Section 1161 of the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 694, as introduced, Bloom. Admissibility of evidence: victims of human trafficking.

Existing law prohibits the admissibility of evidence that a victim of human trafficking, as defined, has engaged in any commercial sexual act as a result of being a victim of human trafficking in order to prove the victim’s criminal liability for any conduct related to that activity.

This bill would instead prohibit the admissibility of evidence that a victim has engaged in any commercial sexual act as a result of being a victim of human trafficking in order to prove the victim’s criminal liability for the commercial sexual act.

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 1161 of the Evidence Code is amended
to read:

1161.  

(a) Evidence that a victim of human trafficking, as
defined in Section 236.1 of the Penal Code, has engaged in any
commercial sexual act as a result of being a victim of human
trafficking is inadmissible to prove the victim’s criminal liability
for begin delete any conduct related to that activity. end delete begin insert the commercial sexual act. end insert

(b) Evidence of sexual history or history of any commercial
sexual act of a victim of human trafficking, as defined in Section
236.1 of the Penal Code, is inadmissible to attack the credibility
or impeach the character of the victim in any civil or criminal
proceeding.