BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 130|
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THIRD READING
Bill No: SB 130
Author: Corbett (D) and Anderson (R), et al.
Amended: 4/24/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/9/13
AYES: Hancock, Anderson, Block, De Le�n, Knight, Liu, Steinberg
SUBJECT : Witnesses
SOURCE : Alameda County District Attorney
San Diego County District Attorney
DIGEST : This bill expands the list of criminal charges in the
Penal Code for which a prosecuting witness may have a support
person present while testifying for the prosecution of the
enumerated offenses.
Senate Floor Amendments of 4/24/13 make a technical change and
add coauthors.
ANALYSIS :
Existing law:
1. Provides that a prosecuting witness in specified cases can
have up to two persons of his or her own choosing for support
at the preliminary hearing and at trial, or at a juvenile
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court proceeding, during the testimony of the prosecuting
witness.
2. Provides specified offenses for which a prosecuting witness
may have up to two support persons.
3. Provides that in any criminal proceeding in which the
defendant is charged with specific violations committed with
or upon a minor under the age of 11 or a person with a
disability, the court will take special precautions to
provide for the comfort and support of the minor and to
protect the minor from coercion, intimidation or undue
influence as a witness.
This bill:
1. Adds kidnapping to commit a robbery or to commit a robbery or
a sex crime; sexual acts with a child under 10; criminal
threat; and stalking to the crimes for which a prosecuting
witness may have a support person.
2. Expands this law to apply to cases where the person is
charged with an attempt to commit any of the listed crimes.
3. Provides that the court may use accommodations to apply to
cases where the person is charged with an attempt to commit
any of the listed crimes.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/24/13)
Alameda County District Attorney (co-source)
San Diego County District Attorney (co-source)
Alameda County Board of Supervisors
California Coalition Against Sexual Assault
California District Attorneys Association
California Partnership to End Domestic Violence
California Probation, Parole and Correctional Association
Chief Probation Officers of California
Crime Victims United of California
The Child Abuse Prevention Center
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OPPOSITION : (Verified 4/24/13)
California Public Defenders Association
California Attorneys for Criminal Justice
ARGUMENTS IN SUPPORT : According to the author:
SB 310 will amend Penal Code Sections 868.5 and 868.8 to
provide for the inclusion of both the attempts of all the
crimes enumerated therein and add the crimes and attempted
crimes enumerated above to those proceedings during which
a prosecution witness may have up to two support persons
in the courtroom while testifying at a preliminary
hearing, jury trial or juvenile court proceeding.
Many times in the aforementioned types of cases, when a
victim testifies in court it is the first time they have
seen the attacker since the crime. This experience can be
terrifying and traumatic for the victim. Having a support
person sitting with the victim while she or he testifies
can help lessen the trauma of the victim's courtroom
experience. Amending Penal Code sections 868.5 and 868.8
as mentioned above will ensure that victims of these
crimes will be supported through the criminal justice
system.
ARGUMENTS IN OPPOSITION : The California Public Defenders
Association writes:
While the request for a "support person" in circumstances
where the charge is attempt of one of the existing
statutorily enumerated list of offenses is sympathetic, we
believe to require it would be a violation of due process.
The defendant is presumed to be innocent until proven
guilty, meaning, presumptively, no crime has occurred
until it has been proven otherwise by the prosecution.
The presence of a support person presumes the opposite,
and creates the appearance of same before the court.
Specifically, it presumes that the party testifying was
truly victimized by the defendant and that that trauma was
so grave as to require emotional support while confronting
the offender.
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This is because this bill presumes that the defendant
accomplished some act that resulted in trauma to the
complaining witness even though he is only charged with
attempt. Victims of incohate offenses are not exposed to
the same level of trauma/distress as actual victims of
completed offenses. Accordingly, the same level of
emotional support is not necessary in court.
While it may make sense to allow such support witnesses in
situations where very serious crimes have been alleged to
have been perpetrated, to require support persons for
complaining witnesses where attempted crimes have been
alleged would affect the balance of that presumption in a
manner which we believe would undermine a defendant's
rights to due process.
JG:d 4/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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