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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2017Introduced by Assembly Member MathisFebruary 14, 2022 An act to amend Section 1360 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2017, as introduced, Mathis. Evidence: hearsay: exceptions.Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule, including an exception in criminal prosecutions for statements made by victims, when under 12 years of age, describing any act or attempted act of child abuse with or on the child by another, as specified.This bill would additionally make an exception to the hearsay rule for statements by a victim who is over 12 years of age if the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability, when describing any act or attempted act of child abuse, as specified.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 1360 of the Evidence Code is amended to read:1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability.(1)(2) The statement is not otherwise admissible by statute or court rule.(2)(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(3)(4) The child minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2017Introduced by Assembly Member MathisFebruary 14, 2022 An act to amend Section 1360 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 2017, as introduced, Mathis. Evidence: hearsay: exceptions.Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule, including an exception in criminal prosecutions for statements made by victims, when under 12 years of age, describing any act or attempted act of child abuse with or on the child by another, as specified.This bill would additionally make an exception to the hearsay rule for statements by a victim who is over 12 years of age if the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability, when describing any act or attempted act of child abuse, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Assembly March 31, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 31, 2022 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 2017 | |
| 14 | 14 | ||
| 15 | - | Introduced by Assembly Member | |
| 15 | + | Introduced by Assembly Member MathisFebruary 14, 2022 | |
| 16 | 16 | ||
| 17 | - | Introduced by Assembly Member | |
| 17 | + | Introduced by Assembly Member Mathis | |
| 18 | 18 | February 14, 2022 | |
| 19 | 19 | ||
| 20 | 20 | An act to amend Section 1360 of the Evidence Code, relating to evidence. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 2017, as | |
| 26 | + | AB 2017, as introduced, Mathis. Evidence: hearsay: exceptions. | |
| 27 | 27 | ||
| 28 | - | Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule, including an exception in criminal prosecutions for statements made by victims, when under 12 years of age, describing any act or attempted act of child abuse with or on the child by another, as specified.This bill | |
| 28 | + | Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule, including an exception in criminal prosecutions for statements made by victims, when under 12 years of age, describing any act or attempted act of child abuse with or on the child by another, as specified.This bill would additionally make an exception to the hearsay rule for statements by a victim who is over 12 years of age if the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability, when describing any act or attempted act of child abuse, as specified. | |
| 29 | 29 | ||
| 30 | 30 | Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule, including an exception in criminal prosecutions for statements made by victims, when under 12 years of age, describing any act or attempted act of child abuse with or on the child by another, as specified. | |
| 31 | 31 | ||
| 32 | - | This bill | |
| 32 | + | This bill would additionally make an exception to the hearsay rule for statements by a victim who is over 12 years of age if the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability, when describing any act or attempted act of child abuse, as specified. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1 | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 1360 of the Evidence Code is amended to read:1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability.(1)(2) The statement is not otherwise admissible by statute or court rule.(2)(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(3)(4) The child minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 39 | 39 | ||
| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. | |
| 44 | + | SECTION 1. Section 1360 of the Evidence Code is amended to read:1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability.(1)(2) The statement is not otherwise admissible by statute or court rule.(2)(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(3)(4) The child minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 45 | 45 | ||
| 46 | - | SECTION 1. This act shall be known, and may be cited, as Kelseys Law. | |
| 47 | - | ||
| 48 | - | SECTION 1. This act shall be known, and may be cited, as Kelseys Law. | |
| 46 | + | SECTION 1. Section 1360 of the Evidence Code is amended to read: | |
| 49 | 47 | ||
| 50 | 48 | ### SECTION 1. | |
| 51 | 49 | ||
| 52 | - | ||
| 50 | + | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability.(1)(2) The statement is not otherwise admissible by statute or court rule.(2)(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(3)(4) The child minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 53 | 51 | ||
| 54 | - | ||
| 52 | + | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability.(1)(2) The statement is not otherwise admissible by statute or court rule.(2)(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(3)(4) The child minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 55 | 53 | ||
| 56 | - | ### SECTION 1.SEC. 2. | |
| 57 | - | ||
| 58 | - | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental an intellectual disability.(2) The statement is not otherwise admissible by statute or court rule.(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(4) The minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 59 | - | ||
| 60 | - | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental an intellectual disability.(2) The statement is not otherwise admissible by statute or court rule.(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(4) The minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 61 | - | ||
| 62 | - | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental an intellectual disability.(2) The statement is not otherwise admissible by statute or court rule.(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(4) The minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 54 | + | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply:(1) The victim is either:(A) Under 12 years of age.(B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability.(1)(2) The statement is not otherwise admissible by statute or court rule.(2)(3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability.(3)(4) The child minor either:(A) Testifies at the proceedings.(B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. minor.(b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement.(c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. | |
| 63 | 55 | ||
| 64 | 56 | ||
| 65 | 57 | ||
| 66 | - | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply: | |
| 58 | + | 1360. (a) In a criminal prosecution where the victim is a minor, a statement made by the victim when under the age of 12 describing any act of child abuse or neglect performed with or on the child by another, or describing any attempted act of child abuse or neglect with or on the child by another, is not made inadmissible by the hearsay rule if all of the following apply: | |
| 67 | 59 | ||
| 68 | 60 | (1) The victim is either: | |
| 69 | 61 | ||
| 70 | 62 | (A) Under 12 years of age. | |
| 71 | 63 | ||
| 72 | - | (B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental an intellectual disability. | |
| 64 | + | (B) Over 12 years of age and the court determines that the victim has a mental age under 12 years of age as a result of an intellectual or developmental disability. | |
| 65 | + | ||
| 66 | + | (1) | |
| 67 | + | ||
| 68 | + | ||
| 73 | 69 | ||
| 74 | 70 | (2) The statement is not otherwise admissible by statute or court rule. | |
| 75 | 71 | ||
| 72 | + | (2) | |
| 73 | + | ||
| 74 | + | ||
| 75 | + | ||
| 76 | 76 | (3) The court finds, in a hearing conducted outside the presence of the jury, that the time, content, and circumstances of the statement provide sufficient indicia of reliability. | |
| 77 | 77 | ||
| 78 | - | (4) The minor either: | |
| 78 | + | (3) | |
| 79 | + | ||
| 80 | + | ||
| 81 | + | ||
| 82 | + | (4) The child minor either: | |
| 79 | 83 | ||
| 80 | 84 | (A) Testifies at the proceedings. | |
| 81 | 85 | ||
| 82 | - | (B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the minor. | |
| 86 | + | (B) Is unavailable as a witness, in which case the statement may be admitted only if there is evidence of the child abuse or neglect that corroborates the statement made by the child. minor. | |
| 83 | 87 | ||
| 84 | 88 | (b) A statement may not be admitted under this section unless the proponent of the statement makes known to the adverse party the intention to offer the statement and the particulars of the statement sufficiently in advance of the proceedings in order to provide the adverse party with a fair opportunity to prepare to meet the statement. | |
| 85 | 89 | ||
| 86 | 90 | (c) For purposes of this section, child abuse means an act proscribed by Section 273a, 273d, or 288.5 of the Penal Code, or any of the acts described in Section 11165.1 of the Penal Code, and child neglect means any of the acts described in Section 11165.2 of the Penal Code. |