BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 1900
          Author:   Quirk (D)
          Amended:  3/27/14 in Assembly
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  6-0, 6/10/14
          AYES:  Hancock, Anderson, De León, Knight, Liu, Steinberg
          NO VOTE RECORDED:  Mitchell
           
          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8
           
          ASSEMBLY FLOOR  :  75-0, 4/24/14 (Consent) - See last page for  
            vote


           SUBJECT  :    Victims of sex crimes:  video recording of testimony  


           SOURCE  :     Alameda County District Attorney


           DIGEST  :    This bill makes a technical change to modernize the  
          recording and preservation requirements of admissible, recorded  
          court testimony by replacing the term videotape" with "video  
          recording."

           ANALYSIS  :    

          Existing law:

          1.Provides that when a defendant is charged with specified sex  
            offenses, child abuse, lewd and lascivious acts on a child,  
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            and the victim either is a person 15 years of age or less or  
            is developmentally disabled as a result of an intellectual  
            disability, as specified, the people may apply for an order  
            that the victim's testimony at the preliminary hearing, in  
            addition to being stenographically recorded, be recorded and  
            preserved on videotape.  

          2.Establishes that a videotape prepared for court testimony is  
            subject to a protective order of the court to protect the  
            privacy of the victim and must be made available to the  
            prosecuting attorney, the defendant, and his/her attorney for  
            viewing during business hours.  The videotape is to be  
            destroyed five years from the date of judgment, unless an  
            appeal is filed.  

          3.Provides that when a defendant is charged with spousal rape or  
            infliction of corporal injury resulting in a traumatic injury  
            to a spouse, former spouse, or domestic partner, the people  
            may apply for an order that the victim's testimony at the  
            preliminary hearing, in addition to being stenographically  
            recorded, be recorded and preserved on videotape.  If the  
            victim's testimony at the preliminary hearing is admissible,  
            the videotape recording may be introduced as evidence at  
            trial.

          4.Provides that when a defendant is charged with a sexual or  
            otherwise specified offense upon an adult or child with a  
            disability, the court may use its discretion to make  
            accommodations to support the victim, and the prosecutor may  
            apply for an order that the testimony of the person with a  
            disability at the preliminary hearing, in addition to being  
            stenographically recorded, be recorded and preserved on  
            videotape. 

          This bill makes a technical change to specified recording and  
          preservation requirements by replacing the term "videotape" with  
          "video recording."

           Comments
           
          According to the author:

            AB 249 (Cunneen) Chapter 19, Statutes of 1997 authorized  
            video-recorded witness testimony to be used at trial.   

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            Allowing for testimony to be recorded guaranteed that, even if  
            the victim could not appear at trial due to an unforeseen  
            circumstance, the jury would still be able to hear the  
            victim's testimony and understand the impact the crime had on  
            the victim.  For example, the author of AB 249 noted that the  
            legislation was necessary for several reasons including the  
            reality that elderly witnesses may not outlive the length of  
            the trial.

            Technology is changing at a rapid rate.  California's Penal  
            Code contains references to outdated technology that needs  
            updating.  

            There are several references to "videotape" in the Penal Code  
            as it relates to the showing of recorded testimony of a victim  
            of sexual assault.  This can create a complication for the  
            District Attorney (DA) when prosecuting certain sexual assault  
            cases.  In order to use something different than a videotape  
            during a trial, the DA's office needs to ask the defense for a  
            stipulation regarding this requirement. 
             
            AB 1900 changes the word "videotape" in certain sections of  
            the California Penal Code to "video-recording" to enable the  
            DA's office to officially use modern video-recordings of  
            testimony during trial.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  6/20/14)

          Alameda County District Attorney (source)
          California District Attorneys Association
          California Police Chiefs Association
          California State Sheriffs' Association
          Los Angeles District Attorney's Office
          SEIU California

           ASSEMBLY FLOOR  :  75-0, 4/24/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  

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            Gorell, Grove, Hagman, Hall, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Medina, Melendez, Mullin, Muratsuchi, Nestande, Olsen, Pan,  
            Patterson, Perea, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NO VOTE RECORDED:  Gray, Harkey, Mansoor, Nazarian, Vacancy


          JG:nl  6/23/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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