BILL NUMBER: AB 114	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2005
	AMENDED IN ASSEMBLY  MARCH 8, 2005

INTRODUCED BY   Assembly Member Cohn
   (Principal coauthor: Senator Alquist)
    (   Coauthors:   Assembly Members 
 Bass,   Montanez,   Negrete McLeod,  
Parra,   Pavley,   Ridley-Thomas,   and
Vargas   ) 

                        JANUARY 12, 2005

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 114, as amended, Cohn.  Child abuse: evidence.
   Under existing law, evidence of a person's character, such as
opinion or specific instances of conduct, is generally not admissible
to  provide   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 as to the findings and declarations of a regulatory
agency or 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 provide that when a defendant is accused of child
abuse in a criminal action, evidence of the defendant's prior acts of
domestic violence may be admitted to prove the defendant's conduct,
except as specified. The bill would also define "child abuse" for
purposes of that provision and would make other nonsubstantive
changes.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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 person, evidence of the defendant's
commission of other abuse of an elder or dependent person is not made
inadmissible by Section 1101 if the evidence is not inadmissible
pursuant to Section 352.
   (3) Except as provided in subdivision (e) or (f), in a criminal
action in which the defendant is accused of an offense involving
child abuse, evidence of the defendant's commission of domestic
violence 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:
   (1) "Abuse of an elder or dependent person" means physical or
sexual abuse, neglect, financial abuse, abandonment, isolation,
abduction, or other treatment that results in physical  harm,"
  harm,  pain, or mental suffering, the
deprivation of care by a caregiver, or other deprivation by a
custodian or provider of goods or services that are necessary to
avoid physical harm or mental suffering.
   (2) "Child abuse" means an act proscribed by Section 
273a, 273d, or 288.5 or any act described in Section 11165.1
  273d or 288.5  of the Penal Code.
   (3) "Domestic violence" has the meaning set forth in Section 13700
of the Penal Code. Subject to a hearing conducted pursuant to
Section 352, which shall include consideration of any corroboration
and remoteness in time, "domestic violence" has the further meaning
as set forth in Section 6211 of the Family Code, if the act occurred
no more than five years before the charged offense.
   (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.