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CA AB1276
Bill
Status
9/26/2016
Primary Sponsor
Miguel Santiago
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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