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CA AB1276

Bill

Status

Passed

9/26/2016

Primary Sponsor

Miguel Santiago

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Authorizes courts to order minors 15 years of age or younger to testify via closed-circuit television in human trafficking cases (violations of Penal Code Section 236.1) when prosecutor provides written notice at least 3 days prior to hearing or trial.

  • Requires court findings that testimony involves human trafficking facts and that clear and convincing evidence shows the minor would be unavailable as a witness without closed-circuit testimony due to factors including serious emotional distress, defendant's use of weapons, threats of deportation or family separation, or great bodily injury.

  • Permits one-way closed-circuit television if evidence shows even two-way closed-circuit would render the minor unavailable as a witness, with prosecution required to provide defendant 30 days' written notice unless good cause shown.

  • Establishes procedures including questioning minors in chambers without defendant present, mandatory video recording preserved for five years, and designation of support person for the minor during testimony.

  • Specifies that jury must be instructed to draw no inferences from closed-circuit television use, and all costs shall be borne by the court from existing budget.

Legislative Description

Child witnesses: human trafficking.

Last Action

Chaptered by Secretary of State - Chapter 635, Statutes of 2016.

9/26/2016

Committee Referrals

Public Safety1/28/2016
Rules1/19/2016
Public Safety3/26/2015

Full Bill Text

No bill text available