BILL ANALYSIS �
AB 1610
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1610 (Bonta) - As Amended: March 20, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill provides, if a defendant has been charged with human
trafficking, as specified, the people or the defendant may have
a witness examined conditionally if (a) there is evidence the
life of the witness is in jeopardy; (b) there is evidence the
witness has been threatened or dissuaded from testifying at
trial; or (c) the court finds reasonable basis to believe the
witness will not attend the trial.
FISCAL EFFECT
Unknown, likely minor, trial court costs to the extent
conditional examinations require additional court time. (There
were 41 commitments to state prison between 2009-2012.)
COMMENTS
1)Rationale . The author contends adding human trafficking to the
list of serious felonies and domestic violence offenses that
authorize conditional exams is necessary to protect threatened
witnesses.
2)Current law states when a defendant has been charged with a
serious felony, as defined, or with domestic violence, the
people or the defendant may, if the defendant has been fully
informed of his right to counsel, have a witness conditionally
examined if there is evidence the life of the witness is in
jeopardy. (In the case of a domestic violence witness, the
threat must be from, or on behalf of, the defendant.)
AB 1610
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Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081