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CA AB336
Bill
Status
9/18/2014
Primary Sponsor
Tom Ammiano
Click for details
AI Summary
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Requires prosecutors to follow specific procedures before introducing condom possession as evidence in prosecutions under Penal Code Sections 647 (disorderly conduct) and 653.22 (loitering with intent to commit prostitution)
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Mandates prosecutors file a written motion with the court and defendant, accompanied by a sealed affidavit stating the relevancy of condom possession to the alleged crime
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Requires the court to hold an in-camera hearing if the offer of proof is sufficient, allowing questioning about the relevancy of condom possession evidence
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Permits condom possession evidence to be introduced only if the court finds it relevant under Evidence Code Section 210 and not inadmissible under Section 352
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Maintains sealed affidavits unless defendant raises the issue on appeal or collateral review, at which point the sealed document becomes accessible to specified parties for that proceeding only
Legislative Description
Crimes: prostitution: evidence.
Last Action
Chaptered by Secretary of State - Chapter 403, Statutes of 2014.
9/18/2014