Anna Caballero
- Democratic
- Senator
- District 14
Author
Under existing law, in any civil action that contains allegations of sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and evidence of specific instances of a plaintiff's sexual conduct with someone other than the alleged perpetrator, is not admissible by the defendant in order to prove consent by the plaintiff or the absence of injury to the plaintiff. This bill would also make the specified types of evidence inadmissible in such civil actions when being used to attack the credibility of the plaintiff's testimony on consent or absence of injury. Under existing law, in any sexual battery civil action involving a minor and an adult who is in a position of authority, as specified, evidence of the plaintiff minor's sexual conduct with the defendant adult is not admissible to prove consent by the plaintiff or the absence of injury to the plaintiff. Existing law authorizes evidence of the minor plaintiff's sexual conduct to be introduced only to attack the credibility of the plaintiff or to prove something other than consent by the plaintiff if, upon a hearing of the court out of the presence of the jury, the defendant proves that the probative value of that evidence outweighs the prejudice to the plaintiff, as specified. This bill would remove the requirement, in cases involving a minor and an adult who is in a position of authority, that prior to the introduction of specified types of evidence, a court hold a hearing out of the presence of the jury, where the defendant bears the burden to prove that the probative value of the evidence outweighs the prejudice. The introduction of evidence relating to the sexual conduct of the minor in such cases would be evaluated under procedures already in place under existing law.
Chaptered by Secretary of State. Chapter 993, Statutes of 2024.
Approved by the Governor.
Enrolled and presented to the Governor at 3 p.m.
Assembly amendments concurred in. (Ayes 38. Noes 0.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 72. Noes 0. Page 6695.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Ordered to third reading.
Read third time and amended.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 8. Noes 0.) (June 4).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 4011.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 0. Page 3531.) (April 9).
Set for hearing April 9.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From printer. May be acted upon on or after March 18.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1386 | HTML |
| 02/16/24 - Introduced | |
| 03/19/24 - Amended Senate | |
| 08/12/24 - Amended Assembly | |
| 08/22/24 - Amended Assembly | |
| 09/03/24 - Enrolled | |
| 09/29/24 - Chaptered |
| Document | Format |
|---|---|
| 04/05/24- Senate Judiciary | |
| 04/11/24- Sen. Floor Analyses | |
| 05/31/24- Assembly Judiciary | |
| 06/05/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/14/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/23/24- ASSEMBLY FLOOR ANALYSIS | |
| 08/28/24- Sen. Floor Analyses | |
| 08/29/24- Sen. Floor Analyses |
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