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.begin insert Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally, including the nature of the offense charged. end insert
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 traffickingbegin delete and there is evidence that the life of the witness is in jeopardy or that the witness has been threatened or dissuaded from testifying, orend deletebegin insert
and there is evidence that the victim or material witness has been or is being dissuaded by the defendant or a person acting on behalf of the defendant, by intimidation or physical threat, from cooperating with the prosecutor or testifying at trial andend insert if the court finds there is a reasonable basis to believe that the witness will not attend the trial.begin insert The bill would conform the affidavit requirements for applying to examine a witness conditionally.end insert
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 in a 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 236.1begin insert and there is evidence that the victim
17or material witness has been or is being dissuaded by the defendant
18or a person acting on behalf of the defendant, by intimidation or
19physical threat, from cooperating with the prosecutor or testifying
20at trialend insert, the people or the defendant may, if the defendant has been
21fully informed of his or her right to counsel as provided by law,
22have a witness examined conditionally as prescribed in this chapter
23ifbegin delete any of the following apply:end deletebegin insert the court finds that there is a
24reasonable
basis to believe that the witness will not attend the
25trial.end insert
26(1) There is evidence that the life of the witness is in jeopardy.
end delete
27(2) There is evidence that the witness has been threatened or
28dissuaded from testifying at the trial.
29(3) The court finds that there is a reasonable basis to believe
30that the witness will not attend the trial.
P3 1(d) If a defendant has been charged with a case of
domestic
2violence and there is evidence that a victim or material witness
3has been or is being dissuaded by the defendant or a person acting
4on behalf of the defendant, by intimidation or a physical threat,
5from cooperating with the prosecutor or testifying at trial, the
6people or the defendant may, if the defendant has been fully
7informed of his or her right to counsel as provided by law, have a
8witness examined conditionally as prescribed in this chapter.
9(e) For the purposes of this section, the following definitions
10shall apply:
11(1) “Domestic violence” means a public offense arising from
12acts of domestic violence as defined in Section 13700.
13(2) “Serious felony” means a felony listed in subdivision (c) of
14Section
1192.7 or a violation of Section 11351, 11352, 11378, or
1511379 of the Health and Safety Code.
begin insertSection 1337 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
The application shall be made upon affidavit stating all
18of the following:
19(a) The nature of the offense charged.
20(b) The state of the proceedings in the action.
21(c) The name and residence of the witness, and that his or her
22testimony is material to the defense or the prosecution of the action.
23(d) That either of the following are true:
end insert24(d) That the
end delete
25begin insert(1)end insertbegin insert end insertbegin insertTheend insert witness is about to leave the state, or is so sick or infirm
26as to afford reasonable grounds for apprehending that he or she
27will not be able to attend the trial, or is a person 65 years of age
28or older, or a dependent adult, or that the life of the witness is in
29begin delete jeopardy, or end deletebegin insert jeopardy.end insertbegin delete thatend delete
30begin insert(2)end insertbegin insert end insertbegin insertThatend insert
the witness is a victim or material witness in a domestic
31violence case who has been or is being intimidated or threatenedbegin insert,end insert
32 as described in subdivision (d) of Section 1335 from cooperating
33with the prosecutor or testifying at trial.
34(3) That there is evidence that the victim or a material witness
35in a case where the defendant has been charged with human
36trafficking has been or is being dissuaded by the defendant or a
37person acting on behalf of the defendant, by intimidation or
38physical threat, from cooperating with the prosecutor or testifying
39at trial, as described in subdivision (c) of Section 1335.
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