California 2017-2018 Regular Session Status: Enacted 1 D cosponsors

AB 1896 — Sexual assault counselor-victim privilege.

Last action — Chaptered by Secretary of State - Chapter 123, Statutes of 2018.

  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 January 22, 2018. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 6 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 establishes a privilege for a victim of a sexual assault to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor, if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder of the privilege, or the person who was the sexual assault counselor at the time of the confidential communication, except as specified. The definition of "sexual assault counselor" includes a person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who meets certain requirements. This bill would specifically include within the definition of "sexual assault counselor" for these purposes a person who is engaged in a program on the campus of a public or private institution of higher education, with the same primary purpose of rendering advice or assistance to victims of sexual assault and the same qualifications. The California Constitution requires that a statute that would exclude relevant evidence in any criminal proceeding be enacted by a 23 vote of each house of the Legislature. Because this bill would exclude certain communications between a victim of sexual assault and a sexual assault counselor in criminal proceedings, the bill would require a 23 vote.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 123, Statutes of 2018.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 35. Noes 0. Page 5112.).

  6. Read second time. Ordered to Consent Calendar.

  7. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 26).

  8. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on JUD.

  9. Referred to Coms. on PUB. S. and JUD.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5219.)

  12. Read second time. Ordered to Consent Calendar.

  13. Read second time and amended. Ordered returned to second reading.

  14. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 10. Noes 0.) (May 8).

  15. In committee: Set, first hearing. Hearing canceled at the request of author.

  16. From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0.) (April 17). Re-referred to Com. on JUD.

  17. Re-referred to Com. on HIGHER ED.

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

  19. Referred to Coms. on HIGHER ED. and JUD.

  20. From printer. May be heard in committee February 22.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

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

Consent Calendar AB1896

Passed 35 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 30004
Democratic 5000
Total 35004
% of votes cast 90%0%0%10%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Hertzberg — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Cannella — Yea
Galgiani — Yea
Chang — Yea
Dodd — Yea
Glazer — Yea
Mitchell — Yea
Hernandez — Not Voting
Allen — Yea
Portantino — Yea
Atkins — Yea
Hill — Yea
De León — Yea
Hueso — Yea
Beall — Yea
Bradford — Yea
Lara — Yea
Morrell — Yea
Nielsen — Not Voting
Pan — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Yea
Wilk — Yea
Fuller — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1896 CERVANTES Consent Calendar Second Day

Passed 73 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 53004
Democratic 14001
Republican 6000
Total 73005
% of votes cast 94%0%0%6%
How each member voted (78)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Kamlager-Dove — Yea
Maienschein — Yea
Mathis — Yea
Melendez — Not Voting
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Not Voting
Voepel — Yea
Wood — Yea
Burke — Yea
Chau — Yea
Gonzalez Fletcher — Yea
Frazier — Yea
Friedman — Yea
Fong — Yea
Salas — Yea
Chiu — Yea
Gloria — Yea
Harper — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Kiley — Yea
Rubio — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Mullin — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Acosta — Yea
Baker — Yea
Nazarian — Yea
Obernolte — Yea
Rendon — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Steinorth — Not Voting
Eggman — Yea
Cunningham — Yea
Daly — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Not Voting
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass and be re-referred to the Committee on [Judiciary]

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Democratic 3000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Baker — Yea
Bloom — Yea
Kiley — Yea
Santiago — Yea
Weber — Yea
Levine — Yea
Low — Yea
Medina — Yea
Chávez — Yea
Jim Patterson — Yea
Arambula, Joaquin Democratic Yea
Irwin, Jacqui Democratic Yea
Quirk-Silva, Sharon Democratic Yea

Official roll call →

Subjects

public-safety civil-rights education
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 1896 do?
Existing law establishes a privilege for a victim of a sexual assault to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor, if the privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege by the holder of the privilege, or the person who was the sexual assault counselor at the time of the confidential communication, except as specified. The definition of "sexual assault counselor" includes a person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who meets certain requirements. This bill would specifically include within the definition of "sexual assault counselor" for these purposes a person who is engaged in a program on the campus of a public or private institution of higher education, with the same primary purpose of rendering advice or assistance to victims of sexual assault and the same qualifications. The California Constitution requires that a statute that would exclude relevant evidence in any criminal proceeding be enacted by a 23 vote of each house of the Legislature. Because this bill would exclude certain communications between a victim of sexual assault and a sexual assault counselor in criminal proceedings, the bill would require a 23 vote.
Who sponsors AB 1896?
AB 1896 is sponsored by Cervantes, Sabrina (Democratic).
What is the current status of AB 1896?
This bill has been enacted into law. Introduced January 22, 2018. Enacted.
Where can I track AB 1896?
Track AB 1896 free on One Click Politics — get push/email alerts when it moves.

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