Evidence: credibility of witnesses and evidence affected or excluded by extrinsic policies.
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Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill removes exceptions in California law that previously prevented certain procedures from being used when attacking the credibility of a witness in sexual assault cases. Specifically, it removes an exception that prevented these procedures from being applied to offenses alleged to have occurred in local detention facilities or state prisons. Additionally, the bill removes an exception that previously prohibited the use of character evidence to attack the consent of a victim in sexual crimes, also removing this restriction for offenses occurring in detention facilities or prisons.
Key provisions
- Removes the exception preventing the use of specific procedures to attack the credibility of a witness in sexual assault cases when the offense occurred in a local detention facility or state prison.
- Removes the exception prohibiting the use of character evidence to attack the consent of a victim in sexual crimes, also applying to offenses in detention facilities or prisons.
- Clarifies the definition of ‘complaining witness’ to include alleged victims offering testimony.
- Specifies the types of sexual conduct included in ‘evidence of sexual conduct’.
- Outlines the process for the defendant to request a hearing on the admissibility of evidence regarding sexual conduct.
- Addresses the sealing of affidavits related to the offered evidence.
- Establishes rules for cross-examination and rebuttal of evidence regarding the complaining witness’s sexual conduct.
Who is affected
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