BILL NUMBER: SB 1026	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 24, 2010

INTRODUCED BY   Senator Wyland

                        FEBRUARY 12, 2010

    An act to amend Section 4651.2 of the Labor Code,
relating to workers' compensation.   An act to add
Section 1347.3 to the Penal Code, relating to criminal procedure.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 1026, as amended, Wyland.  Workers' compensation.
  Sex offenses: conditional exam of minor victims. 

   Existing law provides for the examination of witnesses
conditionally under certain circumstances, including 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.
Existing law provides for the contemporaneous examination and
cross-examination by closed-circuit television of minor witnesses 13
years of age or younger if the court makes specified findings. 

   This bill would provide that when a defendant has been charged
with a sex offense for which registration as a sex offender is
required, the alleged victim, if he or she is under 18 years of age,
may be examined conditionally, for any evidentiary proceeding in the
case and without the presence of the defendant, upon a finding by the
court that emotional trauma to the alleged victim would result if
the defendant is present during the examination, as specified. 

   Existing law establishes a workers' compensation system to
compensate an employee for injuries sustained in the course of
employment. Under this system, the Workers' Compensation Appeals
Board has jurisdiction to determine these claims. Existing law
prohibits petitions filed with the appeals board concerning a
continuing temporary disability award from being granted while the
injured worker is pursuing a rehabilitation plan.  
   This bill would make technical, nonsubstantive changes to this
provision. 
   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 1347.3 is added to the 
 Penal Code   , to read:  
   1347.3.  Notwithstanding any other law, when a defendant has been
charged with an offense specified in subdivision (c) of Section 290,
the alleged victim, if he or she is under 18 years of age, may be
examined conditionally, for any evidentiary proceeding in the case
and without the presence of the defendant, upon a finding by the
court, supported by an examination and report of a qualified
psychologist or psychiatrist, that emotional trauma to the alleged
victim would result if the defendant is present during the
examination.  
  SECTION 1.    Section 4651.2 of the Labor Code is
amended to read:
   4651.2.  No petitions filed under Section 4651.1 shall be granted
while the injured worker is pursuing a rehabilitation plan under
Section 139.5.