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AB-1927 Witness testimony in sexual assault cases: inadmissability in a separate prosecution. (2019-2020)

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Date Published: 03/02/2020 09:00 PM
AB1927:v98#DOCUMENT

Amended  IN  Assembly  March 02, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1927


Introduced by Assembly Member Boerner Horvath

January 15, 2020


An act to add Section 1324.2 to the Penal Code, relating to criminal process.


LEGISLATIVE COUNSEL'S DIGEST


AB 1927, as amended, Boerner Horvath. Witness testimony in sexual assault cases: inadmissability in a separate prosecution.
Existing law makes it a crime to commit various acts of sexual assault, including sexual battery and rape. Existing law also makes it a crime to possess or use various controlled substances or for a person who is under 21 years of age to purchase or consume alcohol, as specified.
This bill would make the testimony of a victim or witness in a felony prosecution for a violation or attempted violation of specified crimes of sexual assault that states that the victim or witness, at or around the time of the violation or attempted violation, unlawfully possessed or used a controlled substance or alcohol inadmissible in a separate prosecution of that victim or witness to prove illegal possession or use of that controlled substance or alcohol.
The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
Because this bill would exclude from a criminal action a person’s statement regarding their use of controlled substances or alcohol that would otherwise be admissible, it requires a 2/3 vote of each house of the Legislature.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1324.2 is added to the Penal Code, to read:

1324.2.
 Testimony of a victim or witness in a felony prosecution for a violation or attempted violation of Section 220, 243.4, 261, 261.5, 286, 287, 288, or 289, that states that the victim or witness, at or around the time of the violation or attempted violation, unlawfully possessed or used a controlled substance or alcohol is inadmissible in a separate prosecution of that victim or witness to prove illegal possession or use of that controlled substance or alcohol.