BILL ANALYSIS �
SB 130
Page 1
SENATE THIRD READING
SB 130 (Corbett and Anderson)
As Amended April 24, 2013
Majority vote
SENATE VOTE :37-0
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Melendez, | | |
| |Jones-Sawyer, Mitchell, | | |
| |Quirk, Skinner, Waldron | | |
| | | | |
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SUMMARY : Expands provisions allowing support persons while
testifying to victims of specified sex offenses when they testify in
court to include more crimes and to include attempts of the listed
crimes. Specifically, 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 current law allowing support persons to apply to cases
where the person is charged with an attempt to commit any of the
listed crimes.
3)Expands existing provisions for minor victims under the age of 11
or persons with a disability which permit these witnesses
specified comfort and support and protect them from coercion or
undue influence. Specifically this bill adds kidnapping to commit
a robbery or to commit a robbery or a sex crime; assault with
intent to commit mayhem, rape, sodomy or oral copulation; human
trafficking; sexual acts with a child under 10; criminal threat;
and stalking to the crimes for which the specified accommodations
may apply. This bill also 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.
EXISTING LAW provides that a prosecuting witness in specified cases
may have up to two persons of his or her own choosing for support at
the preliminary hearing and at trial, or at a juvenile court
proceeding, during the testimony of the prosecuting witness.
SB 130
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FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "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."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744
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