Tasha Boerner Horvath
- District 76
Existing law makes it a crime to commit various acts of sexual assault, including sexual battery and rape. Existing law 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. Existing law provides, with respect to specified proceedings or investigations regarding felony offenses, that if a person refuses to answer a question or produce evidence on the ground that the person may be incriminated and if the person is ordered to comply but would have been privileged to withhold the answer given or the evidence produced except for the order, the person shall not be prosecuted or subjected to any penalty or forfeiture for, or on account of, any fact or act concerning which the person was required to answer or produce evidence, except as specified. Under existing law, a district attorney or other prosecuting agency may request an order granting use immunity or transactional immunity to a witness compelled to give testimony or produce evidence. 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 bill would specify that evidence that the testifying witness unlawfully possessed or used a controlled substance or alcohol is not excluded from use in the felony prosecution for a violation or attempted violation of specified crimes of sexual assault. The bill would specify that evidence that a witness received use immunity for testimony is not excluded in the felony prosecution of a violation or attempted violation of specified crimes of sexual assault. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 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 23 vote of each house of the Legislature.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 241, Statutes of 2020.
Enrolled and presented to the Governor at 4:30 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5322.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 4373.).
Read second time. Ordered to Consent Calendar.
From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 31).
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4748.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 5. Noes 0.) (March 10).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee February 15.
Read first time. To print.
|Bill Text Versions||Format|
|01/15/20 - Introduced|
|03/02/20 - Amended Assembly|
|07/02/20 - Amended Senate|
|09/01/20 - Enrolled|
|09/29/20 - Chaptered|
|No related documents.|
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