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AB-2243 Evidence: admissibility.(2017-2018)

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Date Published: 05/07/2018 09:00 PM
AB2243:v97#DOCUMENT

Amended  IN  Senate  May 07, 2018
Amended  IN  Assembly  March 12, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2243


Introduced by Assembly Member Friedman

February 13, 2018


An act to add Section 1162 to the Evidence Code, relating to evidence.


LEGISLATIVE COUNSEL'S DIGEST


AB 2243, as amended, Friedman. Evidence: admissibility.
Existing law provides that except as otherwise provided by statute, all relevant evidence is admissible.
This bill would prohibit the admissibility of evidence that a victim of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victim’s or witness’s criminal liability in a separate prosecution for the act of prostitution.
The California Constitution provides for the Right to Truth-In-Evidence, which requires a2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
Because this bill may exclude from a criminal action information about a person’s liability for an act of prostitution that would otherwise be admissible, it requires a2/3 vote 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 1162 is added to the Evidence Code, to read:

1162.
 Evidence that a victim of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove the victim or witness’s his or her criminal liability for the act of prostitution.