BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 603 (Hueso) - Defendant: acting as his or her own attorney
(in pro per)
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|Version: May 4, 2015 |Policy Vote: PUB. S. 6 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 18, 2015 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 603 would require a court to conduct a hearing,
upon a specified motion or request, to determine whether
intermediary standby counsel or another person is to be
appointed for the limited purpose of presenting the defendant's
examination of the victim in cases where a defendant is acting
as his or her own attorney, as specified.
Fiscal
Impact:
Potential increase in court workload to process motions
and potentially hold separate hearings. For every 100
motions filed (less than two motions per county per year),
costs could exceed $50,000 (General Fund*) statewide
assuming one additional hour of court time per case.
Potential increase in county costs for court-appointed
intermediary standby counsel to conduct the examination of
the victim. To the extent the increase in county expenses
SB 603 (Hueso) Page 1 of
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qualifies as a reimbursable state mandate, counties could
submit claims for reimbursement of those costs (General
Fund). Alternatively, to the extent the court conducts the
examination, additional workload for court staff would be
incurred.
*Trial Court Trust Fund
Background: Existing law provides that in all criminal prosecutions, the
accused has the right to be confronted by the witnesses against
him or her. Existing law also provides under the Sixth Amendment
of the U.S. Constitution the right of a person accused of a
crime to represent him or herself.
This bill seeks to protect victims from further trauma when the
defendant charged with specified offenses is acting in pro per.
This bill would authorize a court to order standby counsel or
another person the court deems fit, after a hearing is conducted
to make this determination, to question the victim on behalf of
the defendant. The court will have to find that the defendant
examining the victim will create an emotionally traumatic
situation for the victim and that appointing the stand by
counsel will protect the victim from that trauma. The offenses
about which the victim is testifying must be a registerable sex
offense, felony stalking, felony elder abuse, felony domestic
violence, or felony child abuse.
Proposed Law:
This bill would provide, under codified legislative findings
and declarations, that if the defendant is acting as his or her
own attorney (in pro per), the court, upon a motion by the
prosecutor, at the request of a victim, or upon the court's own
motion, shall conduct a hearing to determine whether
intermediary standby counsel shall be appointed, at county
expense, for the limited purpose of presenting the defendant's
examination of the victim. This bill:
Provides that if intermediary standby counsel is not
available, the court may appoint any individual the court
deems fit to conduct the examination, or the court may
conduct the examination, subject to specified court
findings, including but not limited to that the alleged
offense against the victim was a felony offense subject to
SB 603 (Hueso) Page 2 of
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sex offender registration, felony stalking, felony elder
abuse, felony domestic violence, or felony child abuse.
Provides that when the court orders intermediary standby
counsel or the appointed individual to present the
examination of the victim, or when the court presents the
examination, the court shall do all of the following:
o Make a brief statement on the record, outside
the presence of the jury, of the reasons in support of
its order. The reasons shall be set forth with
sufficient specificity to permit meaningful review and
to demonstrate that discretion was exercised in a
careful, reasonable, and equitable manner.
o Instruct the jury that although another
person, or the court, is presenting the defendant's
questions of that witness, the defendant is continuing
to represent himself or herself, and that the jury is
to draw no negative inferences against the defendant
from the use of another person or the court to
facilitate the examination of that particular witness
or to speculate as to the reasons for another person's
or the court's participation.
Provide that when the court orders the examination of
the victim be presented by another person, or when the
court conducts the examination, the defendant shall submit
the entire line of questioning to the other person or the
court, including any follow-up questions, and have the
right to contemporaneously direct the other person or the
court during the examination to ensure the defendant
maintains control of his or her defense. The defendant
shall remain personally subject to court procedures and the
rules of evidence.
Provides that a person who is appointed shall not be
subject to criminal prosecution for the unlawful practice
of law for engaging in activities he or she is authorized
to perform pursuant to this section, as specified.
Related
Legislation: None applicable.
Staff
Comments: This bill creates a new process, potentially requiring a
hearing, for consideration of the appointment of intermediary
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standby counsel. For those motions approved and that require a
hearing, an additional hour of court time is estimated. Based on
an estimated cost of $4,000 for an eight-hour court day, an
additional one hour of court time is estimated to cost of $500
per case.
It cannot be known with certainty how many motions will be filed
in these cases in any one year statewide, and of the motions
filed, which motions will require a separate hearing. It is
assumed the number of cases in which a defendant is acting in
pro per is infrequent, therefore, for every 100 motions filed
(less than two motions per court per year), annual costs could
reach $50,000 annually. To the extent the actual number of
motions filed in these cases is greater or less than 100, costs
would be commensurately higher or lower.
This bill could result in a potential increase in county costs
for court-appointed intermediary standby counsel to conduct the
examination of the victim. To the extent the increase in county
expenses qualifies as a reimbursable state mandate, counties
could submit claims for reimbursement of those costs (General
Fund). Alternatively, to the extent the court conducts the
examination, additional workload for court staff would be
incurred.
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