Laura Friedman
- Democratic
- Assemblymember
- District 44
Author
Existing law prohibits a jury or judge from convicting a defendant, finding a special circumstance true, or using a fact in aggravation based on the uncorroborated testimony of an in-custody informant. Existing law defines "in-custody informant" for these purposes as a person, other than a codefendant, percipient witness, accomplice, or coconspirator, whose testimony is based on statements allegedly made by the defendant while both the defendant and the informant were held within a city or county jail, state penal institution, or correctional institution. Existing law provides that, except as otherwise provided by statute, all relevant evidence is admissible. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. This bill would instead make testimony by, or information obtained by, an in-custody informant, as defined, regarding statements made by the defendant while the defendant was in custody, inadmissible, as specified. The bill would provide an exemption for such testimony relating to a crime or incident occurring within a correctional facility and testimony obtained pursuant to a law enforcement operation, as described, that meets specified criteria.
Died on inactive file.
Ordered to inactive file at the request of Assembly Member Friedman.
Read third time and amended. Ordered to third reading. (Page 1577.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 11. Noes 4.) (April 28).
Coauthors revised.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 13). Re-referred to Com. on APPR.
Coauthors revised.
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
From printer. May be heard in committee March 15.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB679 | HTML |
| 02/12/21 - Introduced | |
| 04/07/21 - Amended Assembly | |
| 05/27/21 - Amended Assembly |
| Document | Format |
|---|---|
| 04/12/21- Assembly Public Safety | |
| 04/26/21- Assembly Appropriations | |
| 04/30/21- ASSEMBLY FLOOR ANALYSIS | |
| 05/27/21- ASSEMBLY FLOOR ANALYSIS |
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