California 2009-2010 Regular Session Status: To Executive

SB 197 — Domestic violence proceedings: conditional examination of witnesses.

Last action — Chaptered by Secretary of State. Chapter 567, Statutes of 2009.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides for the conditional examination of a witness by the defendant in all cases, and by the people in cases where the punishment may be other than death, if the defendant is charged with a serious felony and there is evidence that the life of the witness is in jeopardy, and in certain other circumstances. This bill would also provide for the conditional examination of a witness by the people or the defendant in a case of domestic violence, as defined, when there is evidence that the life of the witness is in jeopardy or when there is evidence that a victim or material witness has been or is being dissuaded, as provided, from cooperating with the prosecutor or testifying at trial. The bill would make conforming changes to related provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 567, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 10:30 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 40. Noes 0. Page 2285.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 2885.) To Senate.

  7. Read third time. Amended. (Page 2827.) To third reading.

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committee on June 30.)

  11. From committee: Do pass as amended. (Ayes 7. Noes 0.)

  12. Set, first hearing. Hearing canceled at the request of author.

  13. To Com. on PUB. S.

  14. In Assembly. Read first time. Held at Desk.

  15. Read third time. Passed. (Ayes 35. Noes 0. Page 795.) To Assembly.

  16. Read second time. To third reading.

  17. Read third time. Amended. To second reading.

  18. Read second time. Amended. To third reading.

  19. From committee: Do pass as amended. (Ayes 7. Noes 0. Page 480.)

  20. Set for hearing April 14.

  21. To Com. on PUB. S.

  22. From print. May be acted upon on or after March 26.

  23. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Benoit · Cosponsor
  • Pavley · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Pavley

Co-sponsors (1)

  • Benoit

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB197 Pavley

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 38000
Democratic 2000
Republican 1000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Ducheny — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Alquist — Yea
Benoit — Yea
Dutton — Yea
Liu — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Yea
Kehoe — Yea
Maldonado — Yea
McLeod — Yea
Price — Yea
Simitian — Yea
Walters — Yea
Cogdill — Yea
Corbett — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 197 Pavley Senate Third Reading By ARAMBULA

Passed 90 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 84001
Democratic 3000
Republican 3000
Total 90001
% of votes cast 99%0%0%1%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Charles — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Anderson — Yea
Beall — Yea
Cook — Yea
Coto — Yea
Duvall — Yea
Huber — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Yamada — Yea
Bass — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Not Voting
Harkey — Yea
Huffman — Yea
Krekorian — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Ruskin — Yea
Smyth — Yea
Torlakson — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Fuller — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Furutani — Yea
Gilmore — Yea
Hagman — Yea
Ammiano — Yea
Hill — Yea
Ma — Yea
Arambula, Joaquin Democratic Yea

Official roll call →

Senate 3rd Reading SB197 Pavley

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 32004
Democratic 3000
Republican 1000
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Not Voting
Liu — Yea
McLeod — Yea
Oropeza — Yea
Pavley — Yea
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wright — Yea
Wyland — Yea
Negrete — Yea
Runner — Not Voting
Cogdill — Yea
Corbett — Yea
Florez — Yea
Ducheny — Yea
Dutton — Yea
Hancock — Yea
Harman — Yea
Huff — Yea
Kehoe — Yea
Ashburn — Yea
Benoit — Yea
Leno — Yea
Aanestad — Not Voting
Alquist — Yea
Hollingsworth — Yea
Maldonado — Yea
Simitian — Yea
Wolk — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Cedillo — Yea
Hancock — Yea
Huff — Yea
Leno — Yea
Benoit — Yea
Steinberg — Yea
Wright — Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 197 do?
Existing law provides for the conditional examination of a witness by the defendant in all cases, and by the people in cases where the punishment may be other than death, if the defendant is charged with a serious felony and there is evidence that the life of the witness is in jeopardy, and in certain other circumstances. This bill would also provide for the conditional examination of a witness by the people or the defendant in a case of domestic violence, as defined, when there is evidence that the life of the witness is in jeopardy or when there is evidence that a victim or material witness has been or is being dissuaded, as provided, from cooperating with the prosecutor or testifying at trial. The bill would make conforming changes to related provisions.
Who sponsors SB 197?
SB 197 is sponsored by Benoit and Pavley.
What is the current status of SB 197?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 197?
Track SB 197 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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