BILL NUMBER: AB 2063	CHAPTERED  07/07/00

	CHAPTER   97
	FILED WITH SECRETARY OF STATE   JULY 7, 2000
	APPROVED BY GOVERNOR   JULY 6, 2000
	PASSED THE ASSEMBLY   JUNE 26, 2000
	PASSED THE SENATE   JUNE 22, 2000
	AMENDED IN SENATE   JUNE 19, 2000
	AMENDED IN SENATE   JUNE 5, 2000
	AMENDED IN ASSEMBLY   APRIL 6, 2000

INTRODUCED BY   Assembly Member Zettel
   (Coauthors:  Assembly Members Ashburn, Bates, Battin, Cox,
Cunneen, Dickerson, Kuehl, Leach, Robert Pacheco, Pescetti, and
Strickland)
   (Coauthors:  Senators Morrow and Solis)

                        FEBRUARY 22, 2000

   An act to amend Section 1109 of the Evidence Code, relating to
abuse.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2063, Zettel.  Elder abuse:  evidence.
   Under existing law, evidence of a person's character, such as
opinion or specific instances of conduct, is generally not admissible
to prove a defendant's conduct on a particular occasion, with
specified exceptions.  Existing law provides, however, that when a
defendant is accused of domestic violence in a criminal action,
evidence of the defendant's prior acts of domestic violence may be
admitted to prove the defendant's conduct, except when the acts
occurred more than 10 years ago or the court exercises its discretion
to exclude the evidence of prior acts, as specified.
   This bill would permit evidence of prior acts of abuse of an elder
or a dependent adult to be admitted to prove the defendant's conduct
when the defendant is accused of domestic violence or abuse of an
elder or a dependent adult, as specified, with the same restrictions
as described above and with the restriction that evidence of the
findings and determinations of administrative agencies regulating the
conduct of health facilities, as specified, is also inadmissible
under these provisions.  This bill would also define abuse of an
elder or a dependent adult for these purposes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1109 of the Evidence Code is amended to read:
   1109.  (a) (1) Except as provided in subdivision (e) or (f), in a
criminal action in which the defendant is accused of an offense
involving domestic violence , evidence of the defendant's commission
of other domestic violence is not made inadmissible by Section 1101
if the evidence is not inadmissible pursuant to Section 352.
   (2) Except as provided in subdivision (e) or (f), in a criminal
action in which the defendant is accused of an offense involving
abuse of an elder or dependent adult, evidence of the defendant's
commission of other abuse of an elder or dependent adult is not made
inadmissible by Section 1101 if the evidence is not inadmissible
pursuant to Section 352.
   (b) In an action in which evidence is to be offered under this
section, the people shall disclose the evidence to the defendant,
including statements of witnesses or a summary of the substance of
any testimony that is expected to be offered, in compliance with the
provisions of Section 1054.7 of the Penal Code.
   (c) This section shall not be construed to limit or preclude the
admission or consideration of evidence under any other statute or
case law.
   (d) As used in this section, "domestic violence" has the meaning
set forth in Section 13700 of the Penal Code.  "Abuse of an elder or
a dependent adult" has the meaning set forth in Section 15610.07 of
the Welfare and Institutions Code.
   (e) Evidence of acts occurring more than 10 years before the
charged offense is inadmissible under this section, unless the court
determines that the admission of this evidence is in the interest of
justice.
   (f) Evidence of the findings and determinations of administrative
agencies regulating the conduct of health facilities licensed under
Section 1250 of the Health and Safety Code is inadmissible under this
section.