California 2013-2014 Regular Session Status: Passed Assembly

AB 807 — Criminal investigations: eyewitness identification.

Last action — Died on inactive file.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 allows opinion testimony from expert witnesses to be admitted at trial upon specified showings. This bill would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial if the proponent of the evidence establishes relevancy and proper qualifications of the witness. Existing law generally regulates the collection and admissibility of evidence for purposes of criminal prosecutions. This bill would authorize any law enforcement agency to adopt regulations for conducting photo and live lineups with eyewitnesses, and provides that specified procedures should be considered when adopting the regulations, including sequentially presenting photos used in an identification procedure and separating all witnesses when viewing an identification procedure. Existing law provides that in any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made to the court before commencement of argument. This bill would require the court in a criminal trial or proceeding in which a witness testifies to an identification made before trial, as specified, and where the local law enforcement agency in that jurisdiction has adopted recommended live and photo eyewitness identification procedures, to give specified instructions to the jury, including an instruction that they may consider evidence that law enforcement officers did or did not follow specified procedures during identification procedures when determining the reliability of the eyewitness identification. The bill would authorize the court to provide the same instructions in a jurisdiction that has not adopted the recommended live and photo eyewitness identification procedures.

Bill Text

Action History

  1. Died on inactive file.

  2. Ordered to inactive file at the request of Senator Leno.

  3. Read second time. Ordered to third reading.

  4. Ordered to second reading.

  5. From inactive file.

  6. Ordered to inactive file at the request of Senator Padilla.

  7. Ordered to third reading.

  8. Withdrawn from committee.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. Senate Rule 29.3(b) suspended. (Ayes 23. Noes 5. Page 2304.)

  11. In committee: Held under submission.

  12. In committee: Placed on APPR. suspense file.

  13. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 25). Re-referred to Com. on APPR.

  14. Referred to Com. on PUB. S.

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

  16. Read third time. Passed. Ordered to the Senate. (Ayes 65. Noes 9. Page 1689.)

  17. Read second time. Ordered to third reading.

  18. From committee: Do pass. (Ayes 14. Noes 3.) (May 24).

  19. In committee: Set, first hearing. Referred to APPR. suspense file.

  20. Re-referred to Com. on APPR.

  21. Read second time and amended.

  22. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (April 9).

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

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

  25. Referred to Com. on PUB. S.

  26. From printer. May be heard in committee March 24.

  27. Read first time. To print.

Sponsors

  • Ammiano · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • Ammiano

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

AB 807 AMMIANO Assembly Third Reading By JONES Amend By CONWAY Set #1 Motion to Lay on the Table By ATKINS

Passed 52 Yea · 25 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 462002
Democratic 6100
Republican 0400
Total 522502
% of votes cast 66%32%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Bigelow — Nay
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Not Voting
Buchanan — Yea
Jones-Sawyer — Yea
Levine — Yea
Logue — Nay
Maienschein — Nay
Mansoor — Nay
Nazarian — Yea
Perea — Yea
Skinner — Yea
Wagner — Nay
Dickinson — Yea
Campos — Yea
Fox — Yea
Frazier — Yea
Stone — Yea
Lowenthal — Yea
Gomez — Yea
Gray — Yea
Atkins — Yea
Hall — Yea
Mitchell — Yea
Daly — Yea
Bonilla — Yea
Eggman — Yea
Medina — Yea
Mullin — Yea
Pan — Yea
Quirk — Yea
Wieckowski — Yea
Williams — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Gonzalez — Yea
Gorell — Nay
Hagman — Nay
Harkey — Nay
Chau — Yea
Holden — Not Voting
Chesbro — Yea
Linder — Nay
Chávez — Nay
Melendez — Nay
Morrell — Nay
Conway — Nay
Cooley — Yea
Donnelly — Nay
Nestande — Nay
Olsen — Nay
Rendon — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Gatto — Yea
Yamada — Yea
Gordon — Yea
Beth Gaines — Nay
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

AB 807 AMMIANO Assembly Third Reading

Passed 65 Yea · 9 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 58505
Democratic 7000
Republican 0400
Total 65905
% of votes cast 82%11%0%6%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Nay
Levine — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Not Voting
Olsen — Yea
Skinner — Yea
Wagner — Nay
Wieckowski — Yea
Cooley — Yea
Gomez — Yea
Hagman — Yea
Stone — Yea
Lowenthal — Yea
Hall — Yea
Gray — Yea
Atkins — Yea
Mitchell — Yea
Daly — Yea
Alejo — Yea
Nazarian — Yea
Campos — Yea
Bonilla — Yea
Gatto — Yea
Gorell — Not Voting
Holden — Not Voting
Jones-Sawyer — Yea
Bocanegra — Yea
Logue — Nay
Medina — Yea
John A. Pérez — Yea
Melendez — Not Voting
Salas — Yea
Morrell — Nay
Chau — Yea
Mullin — Yea
Nestande — Yea
Bloom — Yea
Chesbro — Yea
Chávez — Yea
Conway — Not Voting
Dickinson — Yea
Donnelly — Yea
Pan — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Williams — Yea
Wilk — Yea
Eggman — Yea
Fox — Yea
Frazier — Yea
Yamada — Yea
Gonzalez — Yea
Gordon — Yea
Beth Gaines — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 14 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13300
Democratic 1000
Total 14300
% of votes cast 82%18%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Linder — Yea
Pan — Yea
Hall — Yea
Bocanegra — Yea
Donnelly — Yea
Quirk — Yea
Weber — Yea
Campos — Yea
Gatto — Yea
Harkey — Nay
Bigelow — Nay
Eggman — Yea
Wagner — Nay
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 807 do?
Existing law allows opinion testimony from expert witnesses to be admitted at trial upon specified showings. This bill would allow expert testimony regarding the reliability of an eyewitness identification to be admitted at trial if the proponent of the evidence establishes relevancy and proper qualifications of the witness. Existing law generally regulates the collection and admissibility of evidence for purposes of criminal prosecutions. This bill would authorize any law enforcement agency to adopt regulations for conducting photo and live lineups with eyewitnesses, and provides that specified procedures should be considered when adopting the regulations, including sequentially presenting photos used in an identification procedure and separating all witnesses when viewing an identification procedure. Existing law provides that in any criminal case which is being tried before the court with a jury, all requests for instructions on points of law must be made to the court before commencement of argument. This bill would require the court in a criminal trial or proceeding in which a witness testifies to an identification made before trial, as specified, and where the local law enforcement agency in that jurisdiction has adopted recommended live and photo eyewitness identification procedures, to give specified instructions to the jury, including an instruction that they may consider evidence that law enforcement officers did or did not follow specified procedures during identification procedures when determining the reliability of the eyewitness identification. The bill would authorize the court to provide the same instructions in a jurisdiction that has not adopted the recommended live and photo eyewitness identification procedures.
Who sponsors AB 807?
AB 807 is sponsored by Ammiano.
What is the current status of AB 807?
This bill died with 2013-2014 Regular Session. It reached “Passed Assembly” 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 AB 807?
Track AB 807 free on One Click Politics — get push/email alerts when it moves.

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