AB 336

Bill Subjects

Abstract

Existing law requires that in any of specified circumstances, including, but not limited to, rape, unlawful sexual intercourse, or sodomy, if evidence of sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness, specified procedures be followed. Existing law includes, among those procedures, a requirement that a written motion be made by the defendant to the court and prosecutor stating that the defense has an offer of proof of the relevancy of evidence of the sexual conduct of the complaining witness proposed to be presented and its relevancy in attacking the credibility of the complaining witness. Existing law requires the written motion to be accompanied by an affidavit, filed and sealed, in which the offer of proof is stated. Existing law requires if the court finds that the offer of proof is sufficient, the court to order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant. Existing law permits at the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant and is not found inadmissible, the court to make an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. Existing law states that the defendant may then offer that specified evidence pursuant to the order of the court. This bill would require that in any prosecution for committing an act of disorderly conduct or for loitering in any public place with the intent to commit prostitution, if the possession of one or more condoms is to be introduced as evidence in support of the commission of the crime, specified procedures be followed that are similar to existing law, except that the written motion would be made by the prosecutor to the court and to the defendant stating that the prosecution has an offer of proof of the relevancy of the possession by the defendant of one or more condoms. The bill would permit, at the conclusion of the hearing, if the court finds that evidence proposed to be offered by the prosecutor regarding the possession of condoms is relevant and is not inadmissible, the court to make an order stating what evidence may be introduced by the prosecutor. The bill would then permit the prosecutor to offer that specified evidence pursuant to the order of the court.