BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 886|
|Office of Senate Floor Analyses | |
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|327-4478 | |
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SPECIAL CONSENT
Bill No: AB 886
Author: Cook (R), et al.
Amended: As introduced
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 6/14/11
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
ASSEMBLY FLOOR : 73-0, 5/2/11 (Consent) - See last page for
vote
SUBJECT : Victims rights: victim impact statement
SOURCE : More Kids
DIGEST : This bill prohibits a court from releasing
statements from a crime victim to the public prior to the
statement being heard in court.
ANALYSIS : Existing law provides that it is the right of
a crime victim, as specified, to be notified of all
sentencing proceedings, and of the right to appear, to
reasonably express his/her views, have those views
preserved by audio or video means, as specified, and to
have the court consider his/her statements, as specified.
(Penal Code Section 679.02(a)(3))
Existing law states that it is the right of a crime victim,
as specified, to be notified of all juvenile disposition
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hearings in which the alleged act would have been a felony
if committed by an adult, and of the right to attend and to
express his/her views, as specified. (Penal Code Section
679.02(a)(4))
Existing law declares that a victim of any crime, as
specified, has the right to attend all sentencing
proceedings under this chapter and shall be given adequate
notice by the probation officer of all sentencing
proceedings concerning the person who committed the crime.
Existing law further provides that the victim, as
specified, has the right to appear, personally or by
counsel, at the sentencing proceeding and to reasonably
express his/her/their views concerning the crime, the
person responsible and the need for restitution and states
that the court in imposing sentence shall consider the
statements of victims, parents or guardians, and next of
kin made pursuant to this section and shall state on the
record its conclusion concerning whether the person would
pose a threat to public safety, if granted probation.
(Penal Code Section 1191.1)
This bill prohibits the court from releasing victim or
witness statements prior to the statements being heard in
court.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/14/11)
More Kids (source)
California Catholic Conference, Inc.
California Narcotic Officers' Association
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Crime Victims United of California
ARGUMENTS IN SUPPORT : According to the author:
"Under current California law, a victim must submit a
victim impact statement in writing to the court before
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sentencing. This allows the court to review the
statement to ensure that it complies with state law. It
also allows defendants the chance to review the statement
in accordance with their right to refute materials used
against them at trial.
"When the victim impact statement is submitted in writing
to the court, it becomes a public document. This means
that the media is able to request and gain access to it.
This has led to situations where the victim impact
statement ends up being published in the newspaper before
the victim has the opportunity to read it in court. This
can diminish the power of the statement when read in
court, which undermines the rights of the victim.
"This bill would change the California Public Records Law
to prevent the release of a victim impact statement to
the public before it is read in court. This change would
prevent the release of victim impact statements to the
public before they are read in court, while still
guaranteeing the court's right to review the statement in
advance. This will not infringe upon the defendant's
right to have access to materials used against them in
court."
ASSEMBLY FLOOR : 73-0, 5/2/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Furutani, Garrick, Gatto, Gordon,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel P�rez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Charles Calderon, Fuentes, Galgiani,
Gorell, Roger Hern�ndez, Mendoza, Vacancy
RJG:mw 6/24/11 Senate Floor Analyses
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SUPPORT/OPPOSITION: SEE ABOVE
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