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CA SB1091

Bill

Status

Passed

7/17/2012

Primary Sponsor

Ted Lieu

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Expands Penal Code Section 868.5 to allow prosecuting witnesses in additional crime cases to have up to two support persons present during testimony at preliminary hearings, trials, and juvenile court proceedings.

  • Adds crimes involving human trafficking, prostitution, child exploitation, and obscenity to the list of offenses where support persons are permitted, including violations of Penal Code Sections 236.1, 266a through 266k, 311.1-311.6, and 647.6.

  • Permits only one support person to accompany the witness to the stand while the other may remain in the courtroom, with support persons prohibited from being journalist-source relationships under Evidence Code Section 1070 unless related as parent, guardian, or sibling.

  • Requires prosecution to demonstrate that witness support persons' attendance is both desired and helpful to the prosecuting witness, with courts authorized to deny attendance if it poses substantial risk of influencing witness testimony.

  • Mandates that any support person who is also a witness must testify before the prosecuting witness, with the prosecuting witness excluded from the courtroom during that testimony.

Legislative Description

Witness testimony: support persons.

Last Action

Chaptered by Secretary of State. Chapter 148, Statutes of 2012.

7/17/2012

Committee Referrals

Public Safety3/1/2012
Rules2/15/2012

Full Bill Text

No bill text available