AB 1610, as introduced, Bonta. Material witnesses: human trafficking.
Existing law authorizes the defendant or the people to apply for an order that a witness be examined conditionally for a criminal trial in specified cases, including when the person is about to leave the state or is so sick or infirm that he or she will be unable to attend the trial.
This bill would authorize the defendant or the people to apply for an order that the witness be examined conditionally when the material witness is a victim of or witness to a felony prosecution involving human trafficking, commercial sex acts, or forced labor or services.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1336 of the Penal Code is amended to
2read:
(a) When a material witness for the defendant, or for
4the people, is about to leave the state,begin delete orend delete is so sick or infirm as to
5afford reasonable grounds for apprehension that he or she will be
6unable to attend the trial,begin delete orend delete is a person 65 years of age or older,
7begin delete orend delete a dependent adult,begin insert or is a victim of, or witness to, a felony
P2 1prosecution involving human trafficking, commercial sex acts, or
2forced labor or services,end insert the defendant or the
people may apply
3for an order that the witness be examined conditionally.
4(b) When there is evidence that the life of a witness is in
5jeopardy, the defendant or the people may apply for an order that
6the witness be examined conditionally.
7(c) As used in this section, “dependent adult” meansbegin delete anyend deletebegin insert aend insert
8 person who is betweenbegin delete the ages ofend delete 18 and 65begin insert years of age,
9inclusiveend insert, who has physical or mental limitationsbegin delete whichend deletebegin insert
thatend insert restrict
10his or her ability to carry out normal activities or to protect his or
11her rights, including, but not limited to, persons who have physical
12or developmental disabilities or whose physical or mental abilities
13have diminished because of age. “Dependent adult” includes any
14person betweenbegin delete the ages ofend delete 18 and 65begin insert years of age, inclusiveend insert, who
15is admitted as an inpatient to a 24-hour facility, as defined in
16Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
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