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CA AB341

Bill

Status

Passed

6/28/2021

Primary Sponsor

Tasha Boerner Horvath

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Amends Evidence Code Section 782 to define "evidence of sexual conduct" to include portions of a social media account depicting sexual content, sexual history, nudity, intimate sexual activity, sexual communications, or sexual fantasies about a complaining witness, unless related to the alleged offense.

  • Requires defendants seeking to introduce such evidence to file a written motion with an accompanying sealed affidavit stating an offer of proof of relevance to attacking the complaining witness's credibility.

  • Mandates a hearing out of the jury's presence where the court determines if the proposed evidence is relevant under Section 780 and not inadmissible under Section 352 before allowing introduction.

  • Maintains existing protections requiring the sealed affidavit to remain confidential unless the defendant raises the issue on appeal or collateral review, with limited access granted only to the Attorney General or district attorney and defense counsel.

  • Applies to prosecutions for specified sexual offenses under Penal Code Sections 261, 262, 264.1, 286, 287, 288, 288.5, and 289, with exceptions for crimes alleged to occur in local detention facilities or state prison.

Legislative Description

Credibility of witnesses: sexual conduct: social media content.

Last Action

Chaptered by Secretary of State - Chapter 24, Statutes of 2021.

6/28/2021

Committee Referrals

Public Safety5/12/2021
Rules4/8/2021
Public Safety2/12/2021

Full Bill Text

No bill text available