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CA AB939

Bill

Status

Passed

10/5/2021

Primary Sponsor

Rebecca Bauer-Kahan

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Prohibits courts from admitting evidence of how a sex offense victim was dressed when offered by either party on the issue of consent in prosecutions for rape, sexual assault, and related crimes.

  • Defines "manner of dress" to exclude evidence about the condition of the victim's clothing before, during, or after the offense.

  • Removes language that previously allowed such evidence upon a judicial finding that it was relevant and admissible in the interests of justice.

  • Applies to prosecutions under Penal Code Sections 261, 262, 264.1, 286, 287, 289, and former Section 288a, as well as assault with intent to commit or conspiracy to commit these crimes.

  • Requires a two-thirds vote of the Legislature pursuant to the California Constitution's restriction on excluding relevant evidence in criminal proceedings.

Legislative Description

Sex offenses: evidence.

Last Action

Chaptered by Secretary of State - Chapter 529, Statutes of 2021.

10/5/2021

Committee Referrals

Public Safety6/3/2021
Rules5/25/2021
Public Safety3/18/2021

Full Bill Text

No bill text available