BILL ANALYSIS Ó
AB 1276
Page 1
ASSEMBLY THIRD READING
AB
1276 (Santiago)
As Amended January 4, 2016
Majority vote
------------------------------------------------------------------
|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |6-0 |Quirk, Melendez, | |
| | | | |
| | | | |
| | |Jones-Sawyer, Lackey, | |
| | |Low, Santiago | |
| | | | |
| | | | |
------------------------------------------------------------------
SUMMARY: Authorizes a minor, 17 years of age or younger, to
testify at trial out of the presence of the defendant and jury
by way of closed-circuit television in human trafficking cases.
Applies the same procedures as currently permitted for allowing
a minor, 13 years of age or younger, to testify by means of
closed-circuit television in specified cases provided the court
makes certain findings.
EXISTING LAW:
AB 1276
Page 2
1)States that it is the intent of the Legislature to provide the
court with discretion to employ alternative court procedures
to protect the rights of a child witness, the rights of the
defendant, and the integrity of the judicial process. In
exercising its discretion, the court necessarily will be
required to balance the rights of the defendant or defendants
against the need to protect a child witness and to preserve
the integrity of the court's truthfinding function. This
discretion is intended to be used selectively when the facts
and circumstances in an individual case present compelling
evidence of the need to use these alternative procedures.
2)Authorizes a court in a criminal proceeding, upon written
notice by the prosecutor made at least three days prior to the
date of the preliminary hearing or trial date on which the
testimony of the minor is scheduled, or during the course of
the proceeding on the court's own motion, may order that the
testimony of a minor 13 years of age or younger at the time of
the motion be taken by contemporaneous examination and
cross-examination in another place and out of the presence of
the judge, jury, defendant or defendants, and attorneys, and
communicated to the courtroom by means of closed-circuit
television, if the court makes all of the following findings:
a) The minor's testimony will involve a recitation of the
facts of any of the following:
i) An alleged sexual offense committed on or with
the minor;
ii) An alleged violent felony, as defined; or
iii) An alleged felony offense of willful harm or
injury to a child or corporal punishment of a child of
which the minor is a victim.
b) The impact on the minor of one or more of the factors
enumerated in the following paragraphs, inclusive, is shown
by clear and convincing evidence to be so substantial as to
AB 1276
Page 3
make the minor unavailable as a witness unless
closed-circuit testimony is used:
i) Testimony by the minor in the presence of the
defendant would result in the child suffering serious
emotional distress so that the child would be
unavailable as a witness.
ii) The defendant used a deadly weapon in the
commission of the offense.
iii) The defendant threatened serious bodily injury
to the child or the child's family, threatened
incarceration or deportation of the child or a member
of the child's family, threatened removal of the child
from the child's family, or threatened the dissolution
of the child's family in order to prevent or dissuade
the minor from attending or giving testimony at any
trial or court proceeding, or to prevent the minor from
reporting the alleged sexual offense, or from assisting
in criminal prosecution.
iv) The defendant inflicted great bodily injury upon
the child in the commission of the offense.
v) The defendant or his or her counsel behaved
during the hearing or trial in a way that caused the
minor to be unable to continue his or her testimony.
c) The equipment available for use of closed-circuit
television would accurately communicate the image and
demeanor of the minor to the judge, jury, defendant or
defendants, and attorneys.
3)Directs the court, in making the determination required by
this section, to consider the age of the minor, the
relationship between the minor and the defendant or
defendants, any handicap or disability of the minor, and the
AB 1276
Page 4
nature of the acts charged. The minor's refusal to testify
shall not alone constitute sufficient evidence that the
special procedure described in this section is necessary to
obtain the minor's testimony.
4)Allows the court to question the minor in chambers, or at some
other comfortable place other than the courtroom, on the
record for a reasonable period of time with the support
person, the prosecutor, and defense counsel present. The
defendant or defendants shall not be present. The court shall
conduct the questioning of the minor and shall not permit the
prosecutor or defense counsel to examine the minor. The
prosecutor and defense counsel shall be permitted to submit
proposed questions to the court prior to the session in
chambers. Defense counsel shall be afforded a reasonable
opportunity to consult with the defendant or defendants prior
to the conclusion of the session in chambers.
5)Provides that when a court orders the testimony of a minor to
be taken in another place outside the courtroom, nothing in
this section prohibits the court from ordering the minor to be
brought into the courtroom for a limited purpose, including
the identification of the defendant or defendants as the court
deems necessary.
6)Provides that any person who deprives or violates the personal
liberty of any other with the intent to obtain forced labor or
services is guilty of human trafficking and shall be punished
in state prison for five, eight, or 12 years and a fine of not
more than $500,000.
7)States that any person who deprives or violates the personal
liberty of any other with the intent to effect or maintain a
violation of specified offenses related to sexual conduct,
obscene matter or extortion is guilty of human trafficking and
shall be punished by imprisonment in the state prison for
eight, 14 or 20 years and a fine of not more than $500,000.
AB 1276
Page 5
8)Specifies the following penalties for any person who causes,
induces, or persuades, or attempts to cause, induce, persuade,
a person who is minor at the time of commission of the offense
to engage in a commercial sex act, as provided:
a) Five, eight, or 12 years and a fine of not more than
$500,000; or,
b) Fifteen-years-to-life and a fine of not more than
$500,000 when the offense involves force, fear, fraud,
deceit, coercion, violence, duress, menace, or threat of
unlawful injury to the victim or to another person.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "Testifying in court can be
traumatic for victims of human trafficking who are minors.
Facing the perpetrator in court and being asked to recall
horrifying details of the crime can cause severe emotional
distress. When personally facing the perpetrator makes
effective communication in court difficult or leads a minor
fearing retaliation to refuse to testify, the result is often
ineffective prosecution. AB 1276 will ensure that minors 17
years and younger who are victims of human trafficking are
protected from experiencing additional trauma by allowing them
to testify in court via closed-circuit television, while
preserving the integrity of the court's truthfinding function."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0002545
AB 1276
Page 6