BILL NUMBER: AB 1891	CHAPTERED  07/24/00

	CHAPTER   186
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	PASSED THE SENATE   JUNE 29, 2000
	AMENDED IN SENATE   JUNE 12, 2000

INTRODUCED BY   Assembly Member Lowenthal

                        FEBRUARY 10, 2000

   An act to amend Section 1336 of the Penal Code, relating to
criminal procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1891, Lowenthal.  Criminal procedure:  witnesses:  conditional
examination.
   Existing law provides that a criminal defendant or the people may
have witnesses examined conditionally, for specified reasons,
including a situation where the witness is sick or infirm.
   This bill would additionally include in this provision the
conditional examination of a witness who is a person 70 years of age
or older or a "dependent adult," as defined.


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


  SECTION 1.  Section 1336 of the Penal Code is amended to read:
   1336.  (a) When a material witness for the defendant, or for the
people, is about to leave the state, or is so sick or infirm as to
afford reasonable grounds for apprehension that he or she will be
unable to attend the trial, or is a person 70 years of age or older,
or a dependent adult, the defendant or the people may apply for an
order that the witness be examined conditionally.
   (b) When the people have evidence that the life of a prosecution
witness is in jeopardy, the people may apply for an order that the
witness be examined conditionally.
   (c) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 70, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including but not limited
to, persons who have physical or developmental disabilities or whose
physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 70
who is admitted as an inpatient to a 24-hour facility, as defined in
Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.