BILL ANALYSIS
AB 114
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 114 (Cohn)
As Amended July 13, 2005
Majority vote
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|ASSEMBLY: |61-6 |(May 5, 2005) |SENATE: |39-0 |(August 31, |
| | | | | |2005) |
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Original Committee Reference: PUB. S.
SUMMARY : Provides that in a criminal prosecution for child
abuse, evidence of a defendant's prior acts of child abuse may
be admitted to prove the defendant's conduct, as specified.
The Senate amendments :
1)Add evidence of a defendant's prior acts of child abuse as
evidence admissible in a criminal prosecution for child abuse
to prove the defendant's conduct, as specified.
2)Delete "domestic violence" as a prior act by the defendant
that is admissible in a prosecution for child abuse.
3)State that nothing in this paragraph prohibits or limits the
admission of evidence that a person committed a crime when the
evidence is relevant to prove a fact (e.g., motive,
opportunity, intent, identity).
4)Define "child abuse" as the willful infliction upon a child
any cruel or inhuman corporal punishment or any injury
resulting in a traumatic condition.
5)Delete continuous sexual abuse of a child from the definition
of "child abuse" as a prior act which may be admitted to prove
the defendant's conduct.
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
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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
second degree.
AS PASSED BY THE ASSEMBLY , this bill:
1)Stated 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,
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as specified.
2)Defined "child abuse" as an act proscribed by specified Penal
Code sections:
a) Corporal punishment or injury of a child; and,
b) Continuous sexual abuse of a child.
3)Included, 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
affinity within the second degree which are not currently
within the Penal Code definition of domestic violence.
FISCAL EFFECT : None
COMMENTS : According to the author, "This bill will help to
protect victims of child abuse by allowing prior evidence of
child abuse to be admissible in child abuse cases. By allowing
this evidence to be admissible it will ensure that juries are
fully informed regarding an abuser's complete history of
violence."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Kathleen Ragan / PUB. S. / (916)
319-3744
FN: 0011802