California Legislature—2013–14 Regular Session

Assembly BillNo. 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:

P1    1

SECTION 1.  

Section 1161 of the Evidence Code is amended
2to read:

3

1161.  

(a) Evidence that a victim of human trafficking, as
4defined in Section 236.1 of the Penal Code, has engaged in any
5commercial sexual act as a result of being a victim of human
P2    1trafficking is inadmissible to prove the victim’s criminal liability
2forbegin delete any conduct related to that activity.end deletebegin insert the commercial sexual act.end insert

3(b) Evidence of sexual history or history of any commercial
4sexual act of a victim of human trafficking, as defined in Section
5236.1 of the Penal Code, is inadmissible to attack the credibility
6or impeach the character of the victim in any civil or criminal
7 proceeding.



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