Amended in Senate August 18, 2014

Amended in Senate June 3, 2014

Amended in Senate May 8, 2014

Amended in Assembly March 20, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1610

Introduced by Assembly Member Bonta

(Coauthors: Assembly Members Garcia, Gonzalez, Maienschein, begin insert V. Manuel  end insert begin insert Pérez, end insert Skinner, Ting, begin delete and Waldron end delete begin insert Waldron, and Wieckowski end insert )

begin insert

(Coauthor: Senator Anderson)

end insert

February 6, 2014

An act to amend Sections 1335 and 1337 of the Penal Code, relating to material witnesses.

LEGISLATIVE COUNSEL’S DIGEST

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. 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.

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 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 begin delete trial and end delete begin insert trial. This bill would also allow a court to examine a victim or material witness conditionally end insert if the court finds there is a reasonable basis to believe that the witness will not attend the trial begin insert because he or she is under the direct control of the defendant or another person involved in human trafficking and, by virtue of this relationship, the defendant or other person seeks to prevent the witness or victim from testifying end insert . The bill would conform the affidavit requirements for applying to examine a witness conditionally.

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 1335 of the Penal Code is amended to
read:

1335.  

(a) If a defendant has been charged with a public offense
triable in a court, he or she in all cases, and the people in cases
other than those for which the punishment may be death, may, if
the defendant has been fully informed of his or her right to counsel
as provided by law, have witnesses examined conditionally in his
or her or their behalf, as prescribed in this chapter.

(b) If a defendant has been charged with a serious felony or in
a case of domestic violence, the people or the defendant may, if
the defendant has been fully informed of his or her right to counsel
as provided by law, have a witness examined conditionally as
prescribed in this chapter, if there is evidence that the life of the
witness is in jeopardy.

(c)  begin insert (1) end insert begin insert   end insert If a defendant has been charged with human trafficking,
begin delete as prescribed in end delete begin insert pursuant to end insert Section begin delete 236.1 end delete begin insert 236.1, end 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, the people or the defendant
may, if the defendant has been fully informed of his or her right
to counsel as provided by law, have a witness examined
conditionally as prescribed in this begin delete chapter if end delete begin insert chapter. end insert

begin insert (2) end insert begin insert   end insert begin insert If a defendant has been charged with human trafficking,
pursuant to Section 236.1, and end insert the court finds that there is a
reasonable basis to believe that the begin insert material end insert witness will not attend
the begin delete trial. end delete begin insert trial because he or she is under the direct control of the
defendant or another person involved in human trafficking and,
by virtue of this relationship, the defendant or other person seeks
to prevent the witness or victim from testifying, and if the defendant
has been fully informed of his or her right to counsel as provided
by law, the court may have a witness examined conditionally as
prescribed in this chapter. end insert

(d) If a defendant has been charged with a case of domestic
violence and there is evidence that a 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 a physical threat,
from cooperating with the prosecutor or testifying at trial, the
people or the defendant may, if the defendant has been fully
informed of his or her right to counsel as provided by law, have a
witness examined conditionally as prescribed in this chapter.

(e) For the purposes of this section, the following definitions
shall apply:

(1) “Domestic violence” means a public offense arising from
acts of domestic violence as defined in Section 13700.

(2) “Serious felony” means a felony listed in subdivision (c) of
Section 1192.7 or a violation of Section 11351, 11352, 11378, or
11379 of the Health and Safety Code.

SEC. 2.  

Section 1337 of the Penal Code is amended to read:

1337.  

The application shall be made upon affidavit stating all
of the following:

(a) The nature of the offense charged.

(b) The state of the proceedings in the action.

(c) The name and residence of the witness, and that his or her
testimony is material to the defense or the prosecution of the action.

(d) That begin delete either end delete begin insert any end insert of the following are true:

(1) The witness is about to leave the state, or is so sick or infirm
as to afford reasonable grounds for apprehending that he or she
will not be able to attend the trial, or is a person 65 years of age
or older, or a dependent adult, or that the life of the witness is in
jeopardy.

begin insert

(2) That the witness is a victim or a material witness in a human
trafficking case who has been or is being intimidated or threatened,
as described in paragraph (1) of subdivision (c) of Section 1335,
from cooperating with the prosecutor or testifying at trial.

end insert begin delete

(2)

end delete

begin insert (3) end insert  That the witness is a victim or material witness in a domestic
violence case who has been or is being intimidated or threatened,
as described in subdivision (d) of Section 1335 from cooperating
with the prosecutor or testifying at trial.

begin delete

(3) That there is evidence that the victim or a material witness
in a case where the defendant has been charged with human
trafficking 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, as described in subdivision (c) of Section 1335.

end delete