CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1207Introduced by Senator De LenFebruary 15, 2018 An act to amend Section 352.1 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 1207, as introduced, De Len. Criminal proceedings: excluded evidence.Existing law provides that, in specified criminal proceedings, the district attorney may move to exclude from evidence the victims current address and telephone number.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 352.1 of the Evidence Code is amended to read:352.1. (a) In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendants attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The(b) The court may order that evidence of the victims current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing(c) Nothing in this section shall abridge or limit the defendants right to discover or investigate the information.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1207Introduced by Senator De LenFebruary 15, 2018 An act to amend Section 352.1 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 1207, as introduced, De Len. Criminal proceedings: excluded evidence.Existing law provides that, in specified criminal proceedings, the district attorney may move to exclude from evidence the victims current address and telephone number.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1207
Introduced by Senator De LenFebruary 15, 2018
Introduced by Senator De Len
February 15, 2018
An act to amend Section 352.1 of the Evidence Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1207, as introduced, De Len. Criminal proceedings: excluded evidence.
Existing law provides that, in specified criminal proceedings, the district attorney may move to exclude from evidence the victims current address and telephone number.This bill would make technical, nonsubstantive changes to those provisions.
Existing law provides that, in specified criminal proceedings, the district attorney may move to exclude from evidence the victims current address and telephone number.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 352.1 of the Evidence Code is amended to read:352.1. (a) In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendants attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The(b) The court may order that evidence of the victims current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing(c) Nothing in this section shall abridge or limit the defendants right to discover or investigate the information.
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 352.1 of the Evidence Code is amended to read:352.1. (a) In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendants attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The(b) The court may order that evidence of the victims current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing(c) Nothing in this section shall abridge or limit the defendants right to discover or investigate the information.
SECTION 1. Section 352.1 of the Evidence Code is amended to read:
### SECTION 1.
352.1. (a) In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendants attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The(b) The court may order that evidence of the victims current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing(c) Nothing in this section shall abridge or limit the defendants right to discover or investigate the information.
352.1. (a) In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendants attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The(b) The court may order that evidence of the victims current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing(c) Nothing in this section shall abridge or limit the defendants right to discover or investigate the information.
352.1. (a) In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendants attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing. The(b) The court may order that evidence of the victims current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim. Nothing(c) Nothing in this section shall abridge or limit the defendants right to discover or investigate the information.
352.1. (a) In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 288a of the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 288a of the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendants attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing.
The
(b) The court may order that evidence of the victims current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim.
Nothing
(c) Nothing in this section shall abridge or limit the defendants right to discover or investigate the information.