Amended in Senate January 6, 2014

Senate Bill No. 575

Introduced by Senator Yee

February 22, 2013

An act begin insert to add Section 1110 to the Evidence Code, end insert relating to begin delete foster care end delete begin insert evidence end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 575, as amended, Yee. begin delete Foster care trust funds: general obligation bonds. end delete begin insert Evidence: admissibility end insert begin insert . end insert

begin insert

Existing law provides that a person who is under 18 years of age and who commits a crime is within the jurisdiction of the juvenile court and may be adjudicated a ward of the court, except as specified. Existing law requires the prosecuting attorney to offer proof beyond a reasonable doubt to support a finding that a minor is a ward of the court. The admission and exclusion of evidence in juvenile court is pursuant to the rules of evidence established by the Evidence Code and by judicial decision.

end insert begin insert

Existing law permits in criminal actions the admission of expert testimony regarding intimate partner battering and its effects, including testimony on the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence.

end insert begin insert

This bill would provide that in a juvenile court hearing or in a criminal proceeding against a minor, expert testimony is admissible regarding the condition of the mind of the minor at the time of the offense, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of child abuse and neglect, as defined, except as specified.

end insert begin delete

Existing law provides for child welfare services, which are public social services directed toward, among other purposes, protecting and promoting the welfare of all children, including those in foster care placement. Existing law provides for the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which, pursuant to a combination of federal, state, and county funds, aid on behalf of eligible children is paid to foster care providers.

end delete begin delete

This bill would declare the intent of the Legislature to subsequently amend this bill to include provisions that would seek approval of the voters for the issuance of general obligation bonds to provide revenue for the establishment of an individual trust fund account for each foster child to provide funds necessary to pay the costs of care and related costs until the child reaches 26 years of age.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1110 is added to the end insert begin insert Evidence Code end insert begin insert , to
read: end insert

begin insert

begin insert 1110. end insert   

(a) In a juvenile court hearing that is based upon a
petition that alleges that the minor upon whose behalf the petition
is being brought is a person within the description of Section 602
of the Welfare and Institutions Code, or in a criminal proceeding
against a minor, expert testimony is admissible by either the
prosecution or the defense regarding the condition of the mind of
the minor at the time of the offense, including testimony on the
nature and effect of physical, emotional, or mental abuse on the
beliefs, perceptions, or behavior of victims of child abuse and
neglect, except when offered against the minor to prove the
occurrence of the act or acts of abuse that form the basis of the
adjudication.

(b) The foundation shall be sufficient for admission of this expert
testimony if the proponent of the evidence establishes its relevancy
and the proper qualifications of the expert witness. Expert opinion
testimony on child abuse and neglect and its effects shall not be
considered a new scientific technique whose reliability is unproven.

(c) For purposes of this section, “child abuse and neglect” is
defined in Section 11165.6 of the Penal Code, and may include
acts described in Section 300 of the Welfare and Institutions Code.

(d) This section shall be known and may be cited as the Expert
Witness Testimony on Child Abuse and Neglect and Its Effects
Section of the Evidence Code.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to subsequently
amend this measure to include provisions that would seek approval
of the voters for the issuance of general obligation bonds to provide
revenue for the establishment of an individual trust fund account
for each foster child to provide funds necessary to pay the costs
of care and related costs until the child reaches 26 years of age.

end delete