CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2243Introduced by Assembly Member FriedmanFebruary 13, 2018 An act to add Section 1162 to the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2243, as introduced, Friedman. Evidence: admissibility.Existing law provides that except as otherwise provided by statute, all relevant evidence is admissible.This bill would prohibit the admissibility of evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined, in order to prove the victims or witnesss criminal liability for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.Because this bill may exclude from a criminal action information about a persons liability for an act of prostitution that would otherwise be admissible, it requires a 2/3 vote of the Legislature.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1162 is added to the Evidence Code, to read:1162. Evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, is inadmissible to prove the victim or witnesss criminal liability for the act of prostitution.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2243Introduced by Assembly Member FriedmanFebruary 13, 2018 An act to add Section 1162 to the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2243, as introduced, Friedman. Evidence: admissibility.Existing law provides that except as otherwise provided by statute, all relevant evidence is admissible.This bill would prohibit the admissibility of evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined, in order to prove the victims or witnesss criminal liability for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.Because this bill may exclude from a criminal action information about a persons liability for an act of prostitution that would otherwise be admissible, it requires a 2/3 vote of the Legislature.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2243
Introduced by Assembly Member FriedmanFebruary 13, 2018
Introduced by Assembly Member Friedman
February 13, 2018
An act to add Section 1162 to the Evidence Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2243, as introduced, Friedman. Evidence: admissibility.
Existing law provides that except as otherwise provided by statute, all relevant evidence is admissible.This bill would prohibit the admissibility of evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined, in order to prove the victims or witnesss criminal liability for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.Because this bill may exclude from a criminal action information about a persons liability for an act of prostitution that would otherwise be admissible, it requires a 2/3 vote of the Legislature.
Existing law provides that except as otherwise provided by statute, all relevant evidence is admissible.
This bill would prohibit the admissibility of evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined, in order to prove the victims or witnesss criminal liability for the act of prostitution.
The California Constitution provides for the Right to Truth-In-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
Because this bill may exclude from a criminal action information about a persons liability for an act of prostitution that would otherwise be admissible, it requires a 2/3 vote of the Legislature.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1162 is added to the Evidence Code, to read:1162. Evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, is inadmissible to prove the victim or witnesss criminal liability for the act of prostitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 1162 is added to the Evidence Code, to read:1162. Evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, is inadmissible to prove the victim or witnesss criminal liability for the act of prostitution.
SECTION 1. Section 1162 is added to the Evidence Code, to read:
### SECTION 1.
1162. Evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, is inadmissible to prove the victim or witnesss criminal liability for the act of prostitution.
1162. Evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, is inadmissible to prove the victim or witnesss criminal liability for the act of prostitution.
1162. Evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, is inadmissible to prove the victim or witnesss criminal liability for the act of prostitution.
1162. Evidence that a victim or witness to a violent crime, including assault, blackmail, burglary, extortion, kidnapping, robbery, sexual assault, and stalking, has engaged in an act of prostitution, as defined in paragraph (4) of subdivision (a) of Section 647 of the Penal Code, is inadmissible to prove the victim or witnesss criminal liability for the act of prostitution.