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AB-1554 Crimes: commitments: prior convictions.(2017-2018)

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Date Published: 04/18/2017 04:00 AM
AB1554:v97#DOCUMENT

Amended  IN  Assembly  April 17, 2017
Amended  IN  Assembly  March 28, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1554


Introduced by Assembly Member Fong

February 17, 2017


An act to amend Section 969b of the Penal Code, relating to crimes.


LEGISLATIVE COUNSEL'S DIGEST


AB 1554, as amended, Fong. Crimes: commitments: prior convictions.
Existing law allows the records of a prison, county jail, city jail, or federal penitentiary to be used as prima facie evidence of the fact that a person being tried for a crime has been convicted of a prior crime.
This bill would allow specified documentary evidence to be used in a hearing challenging a determination by the Board of Parole Hearings that an inmate is mentally disordered, a commitment proceeding for an individual found to be mentally incompetent to stand trial, a hearing for the commitment of an individual to the State Department of State Hospitals as a sexually violent predator, a hearing to determine whether a person applying for restoration of sanity would be a danger to the health and safety of others due to mental defect, disease, or disorder, or a hearing to extend the commitment of a person to the State Department of State Hospitals, in order to establish the commission of an underlying offense and the details of that offense.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 969b of the Penal Code is amended to read:

969b.
 (a) For the purpose of establishing prima facie evidence of the fact that a person being tried for a crime or public offense under the laws of this state has been convicted of an act punishable by imprisonment in a state prison, county jail, or city jail of this state, and has served a term therefor in any penal institution, or has been convicted of an act in any other state, which would be punishable as a crime in this state, and has served a term therefor in any state penitentiary, reformatory, county jail, or city jail, or has been convicted of an act declared to be a crime by any act or law of the United States, and has served a term therefor in any penal institution, the records or copies of records of a state prison, reformatory, county jail, city jail, or federal penitentiary in which the person has been imprisoned, when records or copies thereof have been certified by the official custodian of those records, may be introduced as such evidence.
(b) Documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals may be used in a hearing held pursuant to subdivision (b) of Section 2966 challenging a determination by the Board of Parole Hearings that an inmate meets the criteria of Section 2962, a hearing held pursuant to Section 2972 to continue treatment pursuant to Section 2970, a commitment proceeding for an individual found to be mentally incompetent pursuant to Section 1370, a hearing for the commitment of an individual to the State Department of State Hospitals as a sexually violent predator pursuant to Section 6600, 6600 of the Welfare and Institutions Code, a hearing to determine whether a person applying for restoration of sanity would be a danger to the health and safety of others due to mental defect, disease, or disorder pursuant to subdivision (e) of Section 1026.2, or a hearing to extend the commitment of a person to the State Department of State Hospitals pursuant to Section 1026.5, in order to establish the commission of an underlying offense and the details of that offense.