California Assembly Bill AB2017

California 2021-2022 Regular Session

• Introduced: 2/14/22
• Refer: 2/24/22
• Report Pass: 3/31/22
• Refer: 4/4/22
• Failed: 10/24/22

Caption

Evidence: hearsay: exceptions.

Impact

If passed, Kelsey’s Law would significantly alter the legal landscape regarding the admissibility of evidence in cases of child abuse involving minors. The specific amendment aims at ensuring that statements made by older minors, who may be intellectually more similar to younger children, can still be utilized in court to strengthen the case against perpetrators of abuse. This change would demonstrate an understanding of the complexities involved in addressing the testimonies of victims who might struggle to communicate effectively due to their disabilities.

Summary

Assembly Bill 2017, also known as Kelsey's Law, aims to amend Section 1360 of the Evidence Code pertaining to hearsay evidence in criminal prosecutions involving minor victims. The existing hearsay rule generally excludes statements made by individuals who are not testifying in court, but exceptions are made for minors under 12 years describing acts of abuse. Kelsey’s Law extends this exception to minors over the age of 12 if a court establishes that those minors have a mental age under 12 years due to an intellectual or developmental disability. This bill seeks to provide these vulnerable minors a chance to have their statements admitted as evidence during trials related to child abuse cases.

Sentiment

The sentiment surrounding AB 2017 appears to be generally positive among advocates for children's rights and protections against abuse. Proponents argue that this bill highlights a compassionate understanding of how cognitive disabilities can affect a child's ability to express themselves and seek justice. However, it has also sparked some discussions regarding the potential risks of evidentiary standards and the reliability of statements made under such circumstances, with concerns raised about the need for robust judicial processes to determine the admissibility of these statements before trial.

Contention

Opposition to Kelsey's Law centers on the fear that expanding hearsay exceptions could lead to unreliable testimonies being admitted in court. Critics argue that while the intent of the bill is commendable, it is crucial to balance this with the necessity of ensuring that all evidence presented is credible and validated. Furthermore, there are concerns about the implications for defendants' rights and the potential for misuse of this exception in legal proceedings. The debate emphasizes the need for careful consideration of how to support young victims while maintaining the integrity of the judicial process.