California 2011-2012 Regular Session Status: Enacted

AB 2051 — Contempt of court: domestic violence.

Last action — Chaptered by Secretary of State - Chapter 510, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 23, 2012. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes a court to punish for acts of contempt, including authorizing a court to direct the incarceration of a defendant until he or she complies with the court's order. Existing law prohibits a court from imprisoning or otherwise taking into custody the victim of a sexual assault or domestic violence crime for contempt of court when the contempt consists of refusing to testify about the sexual assault or domestic violence crime. Additionally, under existing law, a victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, confidential communications between the victim and a domestic violence counselor, as specified. This bill would authorize the court to refer a victim of a domestic violence crime who refuses to testify to a domestic violence counselor, as defined, before finding the victim in contempt of court. Under the bill, any communications between the victim and the domestic violence counselor would remain confidential, subject to certain exceptions. Existing law provides that an order terminating a criminal action is a bar to further prosecution for the same offense, as specified. This bar to subsequent prosecution does not apply in certain circumstances, including if the court makes certain specified findings after the dismissal of the action. These findings include that the termination of the action was the result of the failure to appear by the complaining witness, who had been personally subpoenaed in a prosecution for misdemeanor battery, felony rape, felony corporal injury, or a felony or misdemeanor violation of a court order to prevent domestic violence. This bill would provide that an order terminating an action does not bar further prosecution for the same offense if the termination of the action was the result of the complaining witness being found in contempt of court for refusing to testify about the sexual assault or domestic violence crime. This provision would apply only within 6 months of the original dismissal of the action, and could be invoked only once in each action.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 510, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 4. Page 4470.).

  6. Ordered to third reading.

  7. From consent calendar.

  8. Ordered to special consent calendar.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 6. Noes 0.) (June 12).

  11. Referred to Com. on PUB. S.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4921.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 6. Noes 0.) (May 8).

  17. Re-referred to Com. on PUB. S.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

  19. Referred to Com. on PUB. S.

  20. From printer. May be heard in committee March 25.

  21. Read first time. To print.

Sponsors

  • Campos · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Campos

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

3rd Reading AB2051 Campos By Price

Passed 33 Yea · 4 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 30403
Republican 1000
Democratic 2000
Total 33403
% of votes cast 83%10%0%8%
How each member voted (40)
Member Party Vote
Yee — Nay
Hancock — Not Voting
Wyland — Yea
Huff — Yea
Runner — Yea
Blakeslee — Yea
Wolk — Yea
Lowenthal — Yea
De León — Yea
Rubio — Yea
Negrete McLeod — Nay
Evans — Yea
Corbett — Yea
Dutton — Yea
Hernandez — Yea
Liu — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Vargas — Yea
Walters — Yea
Wright — Nay
Alquist — Yea
Anderson — Not Voting
Harman — Yea
Kehoe — Yea
Leno — Yea
Lieu — Yea
Steinberg — Yea
Cannella — Yea
Emmerson — Yea
Correa — Nay
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 0001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Hancock — Yea
Anderson — Yea
Price — Yea
Harman — Yea
Liu — Yea
Steinberg — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

AB 2051 CAMPOS Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 73004
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Halderman — Yea
Butler — Yea
Carter — Yea
Fuentes — Yea
Garrick — Yea
Fong — Yea
Cedillo — Yea
Gatto — Yea
Allen — Yea
Gorell — Yea
Hagman — Yea
Harkey — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hill — Yea
Huber — Yea
Hueso — Yea
Logue — Yea
Ammiano — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Wagner — Yea
Williams — Yea
Gordon — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Hayashi — Yea
Fletcher — Not Voting
Jeffries — Yea
Lara — Yea
Campos — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Block — Yea
Nestande — Yea
Nielsen — Yea
Norby — Not Voting
Perea — Not Voting
Silva — Yea
Torres — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huffman — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Miller — Yea
Pan — Yea
Skinner — Yea
Solorio — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Donnelly — Yea
Furutani — Yea
Galgiani — Yea
Yamada — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Not Voting
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Total 6000
% of votes cast 100%0%0%0%
How each member voted (6)
Member Party Vote
Hagman — Yea
Mitchell — Yea
Knight — Yea
Ammiano — Yea
Skinner — Yea
Cedillo — 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 AB 2051 do?
Existing law authorizes a court to punish for acts of contempt, including authorizing a court to direct the incarceration of a defendant until he or she complies with the court's order. Existing law prohibits a court from imprisoning or otherwise taking into custody the victim of a sexual assault or domestic violence crime for contempt of court when the contempt consists of refusing to testify about the sexual assault or domestic violence crime. Additionally, under existing law, a victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, confidential communications between the victim and a domestic violence counselor, as specified. This bill would authorize the court to refer a victim of a domestic violence crime who refuses to testify to a domestic violence counselor, as defined, before finding the victim in contempt of court. Under the bill, any communications between the victim and the domestic violence counselor would remain confidential, subject to certain exceptions. Existing law provides that an order terminating a criminal action is a bar to further prosecution for the same offense, as specified. This bar to subsequent prosecution does not apply in certain circumstances, including if the court makes certain specified findings after the dismissal of the action. These findings include that the termination of the action was the result of the failure to appear by the complaining witness, who had been personally subpoenaed in a prosecution for misdemeanor battery, felony rape, felony corporal injury, or a felony or misdemeanor violation of a court order to prevent domestic violence. This bill would provide that an order terminating an action does not bar further prosecution for the same offense if the termination of the action was the result of the complaining witness being found in contempt of court for refusing to testify about the sexual assault or domestic violence crime. This provision would apply only within 6 months of the original dismissal of the action, and could be invoked only once in each action.
Who sponsors AB 2051?
AB 2051 is sponsored by Campos.
What is the current status of AB 2051?
This bill has been enacted into law. Introduced February 23, 2012. Enacted.
Where can I track AB 2051?
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