BILL ANALYSIS
AB 114
Page 1
ASSEMBLY THIRD READING
AB 114 (Cohn)
As Amended April 13, 2005
Majority vote
PUBLIC SAFETY 4-2
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|Ayes:|Benoit, Cohn, Dymally, |
| |Spitzer |
| | |
|-----+--------------------------|
|Nays:|Leno, Goldberg |
| | |
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SUMMARY : Provides that in a criminal prosecution for child
abuse or continuous sexual abuse of a child, evidence of a
defendant's prior acts of domestic violence may be admitted to
prove the defendant's conduct, as specified. Specifically, this
bill :
1)States that in a prosecution involving child abuse or
continuous sexual abuse of a child, evidence of the
defendant's prior acts of domestic violence is admissible as
evidence unless the court determines that the probative value
is substantially outweighed by the probability that its
admission will create a substantial danger of undue prejudice,
as specified.
2)Defines "child abuse" as an act proscribed by specified Penal
Code sections:
a) Corporal punishment or injury of a child (Penal Code
Section 273d); and,
b) Continuous sexual abuse of a child (Penal Code Section
288.5).
3)Includes, for purposes of admission of prior acts of domestic
violence in a child abuse prosecution, the definition of
"domestic violence" in the Family Code, if the act occurred no
more than five years before the charged offense, subject to an
evidentiary hearing regarding probative value of the evidence.
This adds children and persons related by consanguinity or
AB 114
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affinity within the second degree which are not currently
within the Penal Code definition of domestic violence.
(Family Code Section 6211.)
EXISTING LAW :
1)Provides that, with certain exceptions, evidence of a person's
character or a trait of his or her character, whether in the
form of an opinion, evidence of reputation, or evidence of
specific instances of his or her conduct, is inadmissible when
offered to prove his or her conduct on a specified occasion.
2)States that the court may, in its discretion, exclude evidence
if its probative value is substantially outweighed by the
probability that its admission will necessitate undue
consumption of time or create substantial danger of undue
prejudice, of confusing the issues, or of misleading the jury.
3)Defines "sexual offense" as a crime that involved any of the
following conduct: sexual battery, rape, unlawful
intercourse, spousal rape, rape in concert, sodomy, a lewd act
upon a child, oral copulation, continuous sexual abuse of a
child, forcible sexual penetration, child pornography,
indecent exposure, and the annoying or molesting of a child.
4)Defines "domestic violence" in the Penal Code as abuse
committed against an adult or a minor who is a spouse, former
spouse, cohabitant, former cohabitant, or person with whom the
suspect has had a child or is having or has had a dating or
engagement relationship. Defines "abuse" as intentionally or
recklessly causing or attempting to cause bodily injury or
placing another person in reasonable apprehension of imminent
serious bodily injury to him or herself, or another.
5)Defines "domestic violence" in the Family Code as abuse
perpetrated against a spouse or former spouse, a cohabitant or
former cohabitant, a person with whom the respondent is having
or has had a dating or engagement relationship, a person with
whom the respondent has had a child, a child of a party or a
child who is the subject of an action under the Uniform
Parentage Act, where the presumption applies that the male
parent is the father of the child to be protected, or any
other person related by consanguinity or affinity within the
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second degree.
FISCAL EFFECT : None
COMMENTS : According to the author, "This bill will help to
protect victims of family violence by allowing prior evidence of
domestic violence to be heard in a child abuse case. In a
violent home, violence does not discriminate by age and
frequently it is perpetrated against both the mother and the
children. This bill allows for juries to know all of the facts
regarding an abuser's history of violence towards the entire
family, recognizing the issue of family violence."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0009922