BILL NUMBER: SB 1248	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Alquist

                        FEBRUARY 23, 2012

   An act to amend Section 1219.5 of the Code of Civil Procedure,
relating to court proceedings.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1248, as introduced, Alquist. Civil procedure: contempt.
   Existing law requires courts to refer minors under 16 years of age
who refuse to testify in a court proceeding to a probation officer,
as specified, and to receive a recommendation and report from that
probation officer, before imposing a sanction for contempt, except as
specified.
   This bill would require the court to require a victim of a sex
crime who is subject to the above requirements to meet with a victim
advocate, as defined. The bill would require a victim advocate to
provide the victim with an explanation of his or her rights, and
prohibit any person from interfering with any meeting between the
victim advocate and the victim. The bill would also permit a court to
impose sanctions, as specified, on any parent or guardian who the
court finds is inappropriately interfering with court processes by
encouraging the victim to refuse to testify.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1219.5 of the Code of Civil Procedure is
amended to read:
   1219.5.  (a) Except as provided in subdivision  (c)
  (d)  , in any case in which a contempt consists
of the refusal of a minor under  the age of 16 years
  16 years of ag   e  to take the oath or
to testify, before imposing any sanction for the contempt, the court
shall first refer the matter to the probation officer in charge of
matters coming before the juvenile court for a report and
recommendation as to the appropriateness of the imposition of a
sanction. The probation officer shall prepare and file the report and
recommendation within the time directed by the court. In making the
report and recommendation, the probation officer shall consider
factors such as the maturity of the minor, the reasons for the minor'
s refusal to take the oath or to testify, the probability that
available sanctions will affect the decision of the minor not to take
the oath or not to testify, the potential impact on the minor of his
or her testimony, the potential impact on the pending litigation of
the minor's unavailability as a witness, and the appropriateness of
the various available sanctions in the minor's case. The court shall
consider the report and recommendation in imposing a sanction in the
case. 
   (b) (1) A victim of a sex crime who is subject to subdivision (a)
shall meet with a victim advocate, as defined in Section 679.04 of
the Penal Code. The victim advocate shall provide to the victim an
explanation of his or her legal rights. No person, including the
victim's attorney, shall interfere with any meeting between the
victim advocate and the victim.  
   (2) If a judge imposes a sanction for contempt on a minor
described in paragraph (1), the sanction shall be counseling. The
court shall select a counselor with expertise in treating minors who
are victims of sex crimes. The victim shall meet with a counselor at
least twice a week, for four weeks.  
   (3) If the court finds that a parent or guardian is
inappropriately interfering with court processes by encouraging a
minor described in paragraph (1) to refuse to testify, the parent or
guardian may be sanctioned. The sanction may include counseling, a
fine, or jail time.  
   (b) 
    (c)  In any  such  case in which the
court orders the minor to be placed outside of his or her home, the
placement shall be in the least restrictive setting available. Except
as provided in subdivision (d), the court shall not order the minor
to be placed in a secure facility unless other placements have been
made and the minor has fled the custody and control of the person
under the control of whom he or she has been placed or has
persistently refused to obey the reasonable and proper orders or
directions of the person under the control of whom he or she has been
placed. 
   (c) 
    (d)  The court may impose a sanction for contempt prior
to receipt of the report and recommendation required by subdivision
(a) if the court enters a finding, supported by specific facts stated
on the record, that the minor would be likely to flee if released
before the receipt of the report and recommendation. 
   (d) 
    (e)  The court may order the minor placed in a secure
facility without first attempting the nonsecure placement required by
subdivision (b) if the court enters a finding, supported by specific
facts stated on the record, that the minor would be likely to flee
if released to nonsecure placement as a prerequisite to secure
confinement.