Friday, September 24, 2004

AB20 Leiber !SIGNED! Victims of Crime - PWD Exceptions

AB 20, Lieber. Victims of crime.
Existing law provides that a leading question may be asked ofa child witness who is under 10 years of age in specified casesinvolving prosecution of physical, mental, or sexual abuse. This bill would expand this provision to provide that leadingquestions may be asked of a dependent person with a substantialcognitive impairment in the same circumstance.
Existing law provides that it is a crime for any person who isa caretaker to willfully and lewdly commit any lewd or lasciviousact upon a dependent adult with specified intent punishable byimprisonment in the state prison for 1, 2, or 3 years or byimprisonment in a county jail. If the crime is committed by use offorce, duress, menace, or fear of immediate and unlawful bodilyinjury on the victim or another person, the crime is punishable byimprisonment in the state prison for 3, 6, or 8 years. This bill would make these provisions applicable to all dependentpersons regardless of age. Because this bill would change thedefinition of a crime, this bill would impose a state-mandated localprogram.
This bill would expand this provision to allow the court to closethe testimony of, and relating to, a dependent person with asubstantial cognitive impairment to the public.
Other provisions....

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