California 2017-2018 Regular Session

California Assembly Bill AB2243 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Assembly Bill No. ~~2243 CHAPTER 27~~ An act to add Section 1162 to the Evidence Code, relating to evidence. ~~[ Approved by Governor June 13, 2018. Filed with Secretary of State June 13, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2243, 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 of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victims or witnesss criminal liability in a separate prosecution for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a2/3 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 a2/3 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 of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.
	1	+	Enrolled May 30, 2018 Passed IN Senate May 21, 2018 Passed IN Assembly May 29, 2018 Amended IN Senate May 07, 2018 Amended IN Assembly March 12, 2018 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, 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 of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victims or witnesss criminal liability in a separate prosecution for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a2/3 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 a2/3 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 of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.
2	2
3		-	Assembly Bill No. 2243 CHAPTER 27 An act to add Section 1162 to the Evidence Code, relating to evidence. [ Approved by Governor June 13, 2018. Filed with Secretary of State June 13, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 2243, 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 of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victims or witnesss criminal liability in a separate prosecution for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a2/3 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 a2/3 vote of the Legislature.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled May 30, 2018 Passed IN Senate May 21, 2018 Passed IN Assembly May 29, 2018 Amended IN Senate May 07, 2018 Amended IN Assembly March 12, 2018 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, 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 of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victims or witnesss criminal liability in a separate prosecution for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a2/3 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 a2/3 vote of the Legislature.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO
	4	+
	5	+	Enrolled May 30, 2018 Passed IN Senate May 21, 2018 Passed IN Assembly May 29, 2018 Amended IN Senate May 07, 2018 Amended IN Assembly March 12, 2018
	6	+
	7	+	Enrolled May 30, 2018
	8	+	Passed IN Senate May 21, 2018
	9	+	Passed IN Assembly May 29, 2018
	10	+	Amended IN Senate May 07, 2018
	11	+	Amended IN Assembly March 12, 2018
	12	+
	13	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	14
5	15		Assembly Bill No. 2243
6		-	CHAPTER 27
	16	+
	17	+	Introduced by Assembly Member FriedmanFebruary 13, 2018
	18	+
	19	+	Introduced by Assembly Member Friedman
	20	+	February 13, 2018
7	21
8	22		An act to add Section 1162 to the Evidence Code, relating to evidence.
9		-
10		-	[ Approved by Governor June 13, 2018. Filed with Secretary of State June 13, 2018. ]
11	23
12	24		LEGISLATIVE COUNSEL'S DIGEST
13	25
14	26		## LEGISLATIVE COUNSEL'S DIGEST
15	27
16	28		AB 2243, Friedman. Evidence: admissibility.
17	29
18	30		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 of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victims or witnesss criminal liability in a separate prosecution for the act of prostitution.The California Constitution provides for the Right to Truth-In-Evidence, which requires a2/3 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 a2/3 vote of the Legislature.
19	31
20	32		Existing law provides that except as otherwise provided by statute, all relevant evidence is admissible.
21	33
22	34		This bill would prohibit the admissibility of evidence that a victim of, or a witness to, extortion, stalking, or a violent felony, each as defined, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime in order to prove the victims or witnesss criminal liability in a separate prosecution for the act of prostitution.
23	35
24	36		The California Constitution provides for the Right to Truth-In-Evidence, which requires a2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
25	37
26	38		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 a2/3 vote of the Legislature.
27	39
28	40		## Digest Key
29	41
30	42		## Bill Text
31	43
32	44		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 of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.
33	45
34	46		The people of the State of California do enact as follows:
35	47
36	48		## The people of the State of California do enact as follows:
37	49
38	50		SECTION 1. Section 1162 is added to the Evidence Code, to read:1162. Evidence that a victim of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.
39	51
40	52		SECTION 1. Section 1162 is added to the Evidence Code, to read:
41	53
42	54		### SECTION 1.
43	55
44	56		1162. Evidence that a victim of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.
45	57
46	58		1162. Evidence that a victim of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.
47	59
48	60		1162. Evidence that a victim of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.
49	61
50	62
51	63
52	64		1162. Evidence that a victim of, or a witness to, extortion as defined in Section 519 of the Penal Code, stalking as defined in Section 646.9 of the Penal Code, or a violent felony as defined in Section 667.5 of the Penal Code, has engaged in an act of prostitution at or around the time he or she was the victim of or witness to the crime is inadmissible in a separate prosecution of that victim or witness to prove his or her criminal liability for the act of prostitution.