AB 1610, as amended, Bonta. Material witnesses: human trafficking.
Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a serious felony, as defined, or in a case of domestic violence, to have a witness examined conditionally, as specified, if there is evidence that the life of the witness is in jeopardy.
This bill would authorize the defendant or the people to apply for an order that the witness be examined conditionally when the defendant has been charged with human trafficking and there is evidence that the life of the witness is in jeopardy or that the witness has been threatened or dissuaded from testifying, or if the court finds there is a reasonable basis to believe that the witness will not attend the trial.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1335 of the Penal Code is amended to
2read:
(a) If a defendant has been charged with a public offense
4triable inbegin delete anyend deletebegin insert aend insert court, he or she in all cases, and the people in cases
5other than those for which the punishment may be death, may, if
6the defendant has been fully informed of his or her right to counsel
7as provided by law, have witnesses examined conditionally in his
8or her or their behalf, as prescribed in this chapter.
9(b) If a defendant has been charged with a serious felony or in
10a case of domestic violence, the people or the defendant may, if
11the
defendant has been fully informed of his or her right to counsel
12as provided by law, have a witness examined conditionally as
13prescribed in this chapter, if there is evidence that the life of the
14witness is in jeopardy.
15(c) If a defendant has been charged with human trafficking, as
16prescribed in Section 236.1, the people or the defendant may, if
17the defendant has been fully informed of his or her right to counsel
18as provided by law, have a witness examined conditionally as
19prescribed in this chapter if any of the following apply:
20(1) There is evidence that the life of the witness is in jeopardy.
21(2) There is evidence that the witness has been threatened or
22dissuaded from testifying at the trial.
23(3) The court finds that there is a reasonable basis to believe
24that the witness will not attend the trial.
25(d) If a defendant has been charged with a case of domestic
26violence and there is evidence that a victim or material witness
27has been or is being dissuaded by the defendant or a person acting
28on behalf of the defendant, by intimidation or a physical threat,
29from cooperating with the prosecutor or testifying at trial, the
30people or the defendant may, if the defendant has been fully
31informed of his or her right to counsel as provided by law, have a
32witness examined conditionally as prescribed in this chapter.
33(e) For the purposes of this section, the following definitions
34shall apply:
35(1) “Domestic violence” means a public offense arising from
36acts of domestic violence as defined in Section 13700.
P3 1(2) “Serious felony” means a felony listed in subdivision (c) of
2Section 1192.7 or a violation of Section 11351, 11352, 11378, or
311379 of the Health and Safety Code.
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