California 2019-2020 Regular Session Status: Enacted Bipartisan · 10 D · 1 R cosponsors

AB 1927 — Witness testimony in sexual assault cases: inadmissability in a separate prosecution.

Last action — Chaptered by Secretary of State - Chapter 241, Statutes of 2020.

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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 January 15, 2020. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 14 sponsors

    1 primary, 13 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (10 D · 1 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 5 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 makes it a crime to commit various acts of sexual assault, including sexual battery and rape. Existing law makes it a crime to possess or use various controlled substances or for a person who is under 21 years of age to purchase or consume alcohol, as specified. Existing law provides, with respect to specified proceedings or investigations regarding felony offenses, that if a person refuses to answer a question or produce evidence on the ground that the person may be incriminated and if the person is ordered to comply but would have been privileged to withhold the answer given or the evidence produced except for the order, the person shall not be prosecuted or subjected to any penalty or forfeiture for, or on account of, any fact or act concerning which the person was required to answer or produce evidence, except as specified. Under existing law, a district attorney or other prosecuting agency may request an order granting use immunity or transactional immunity to a witness compelled to give testimony or produce evidence. This bill would make the testimony of a victim or witness in a felony prosecution for a violation or attempted violation of specified crimes of sexual assault that states that the victim or witness, at or around the time of the violation or attempted violation, unlawfully possessed or used a controlled substance or alcohol inadmissible in a separate prosecution of that victim or witness to prove illegal possession or use of that controlled substance or alcohol. The bill would specify that evidence that the testifying witness unlawfully possessed or used a controlled substance or alcohol is not excluded from use in the felony prosecution for a violation or attempted violation of specified crimes of sexual assault. The bill would specify that evidence that a witness received use immunity for testimony is not excluded in the felony prosecution of a violation or attempted violation of specified crimes of sexual assault. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude from a criminal action a person's statement regarding their use of controlled substances or alcohol that would otherwise be admissible, it requires a 23 vote of each house of the Legislature.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 241, Statutes of 2020.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5322.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 4373.).

  7. Read second time. Ordered to Consent Calendar.

  8. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (July 31).

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

  10. Referred to Com. on PUB. S.

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

  12. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4748.)

  13. Read second time. Ordered to third reading.

  14. From committee: Do pass. (Ayes 5. Noes 0.) (March 10).

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

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

  17. Referred to Com. on PUB. S.

  18. From printer. May be heard in committee February 15.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 13 co-sponsors · 108 not signed on

Sponsors (1)

Co-sponsors (13)

Not signed on (108)

108 members have not signed on to this bill.

Show all 108 →

"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 1927 Boerner Horvath Concurrence in Senate Amendments

Passed 75 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 48003
Democratic 21001
Republican 6000
Total 75004
% of votes cast 95%0%0%5%
How each member voted (79)
Member Party Vote
Jones-Sawyer — Yea
Levine — Yea
Mayes — Yea
Weber — Yea
Mullin — Yea
Obernolte — Yea
Gray — Yea
Salas — Yea
Cunningham — Yea
Bigelow — Yea
O'Donnell — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Maienschein — Yea
Ting — Yea
Cooper — Yea
Kamlager — Yea
Nazarian — Yea
Brough — Yea
Fong — Yea
Friedman — Yea
Low — Yea
Diep — Yea
Cooley — Yea
Santiago — Yea
Chu — Yea
Chau — Yea
Waldron — Yea
Burke — Yea
Mathis — Yea
Kiley — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Daly — Yea
Wood — Yea
Rodriguez — Yea
Holden — Yea
Smith — Yea
Eggman — Not Voting
Frazier — Not Voting
Voepel — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse 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 Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
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 →

Consent Calendar AB1927

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 27000
Republican 2001
Democratic 10000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bradford — Yea
Morrell — Yea
Hill — Yea
Hertzberg — Yea
Melendez — Yea
Wieckowski — Yea
Portantino — Yea
Monning — Yea
Bates — Yea
Nielsen — Yea
Moorlach — Yea
Chang — Yea
Skinner — Yea
Hueso — Yea
Pan — Yea
Borgeas — Yea
Rubio — Yea
Dodd — Yea
Wilk — Yea
Allen — Yea
Roth — Yea
Leyva — Yea
Atkins — Yea
Mitchell — Yea
Beall — Yea
Galgiani — Yea
Glazer — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

AB 1927 Boerner Horvath Assembly Third Reading

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 49002
Democratic 22000
Republican 6000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Bloom — Yea
Gloria — Yea
Gonzalez — Yea
Voepel — Yea
Holden — Yea
Diep — Yea
Daly — Yea
Mullin — Yea
Salas — Yea
Eggman — Yea
Wood — Yea
Chiu — Yea
Gray — Yea
Frazier — Yea
Obernolte — Yea
Mayes — Yea
Smith — Yea
Kiley — Yea
Rendon — Yea
Rodriguez — Yea
McCarty — Yea
Fong — Yea
Waldron — Yea
O'Donnell — Yea
Jones-Sawyer — Yea
Ting — Yea
Chau — Yea
Santiago — Yea
Maienschein — Yea
Nazarian — Yea
Low — Yea
Burke — Yea
Cooley — Yea
Levine — Yea
Medina — Yea
Chu — Yea
Cunningham — Yea
Mathis — Yea
Quirk — Not Voting
Kamlager — Not Voting
Friedman — Yea
Cooper — Yea
Brough — Yea
Weber — Yea
Bigelow — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse 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 Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy 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.

Passed 5 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 2001
Unaffiliated 3001
Republican 0001
Total 5003
% of votes cast 63%0%0%38%
How each member voted (8)
Member Party Vote
Santiago — Yea
Jones-Sawyer — Yea
Diep — Yea
Kamlager — Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Gabriel, Jesse Democratic Yea
Wicks, Buffy Democratic Not Voting
Lackey, Tom Republican Not Voting

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 1927 do?
Existing law makes it a crime to commit various acts of sexual assault, including sexual battery and rape. Existing law makes it a crime to possess or use various controlled substances or for a person who is under 21 years of age to purchase or consume alcohol, as specified. Existing law provides, with respect to specified proceedings or investigations regarding felony offenses, that if a person refuses to answer a question or produce evidence on the ground that the person may be incriminated and if the person is ordered to comply but would have been privileged to withhold the answer given or the evidence produced except for the order, the person shall not be prosecuted or subjected to any penalty or forfeiture for, or on account of, any fact or act concerning which the person was required to answer or produce evidence, except as specified. Under existing law, a district attorney or other prosecuting agency may request an order granting use immunity or transactional immunity to a witness compelled to give testimony or produce evidence. This bill would make the testimony of a victim or witness in a felony prosecution for a violation or attempted violation of specified crimes of sexual assault that states that the victim or witness, at or around the time of the violation or attempted violation, unlawfully possessed or used a controlled substance or alcohol inadmissible in a separate prosecution of that victim or witness to prove illegal possession or use of that controlled substance or alcohol. The bill would specify that evidence that the testifying witness unlawfully possessed or used a controlled substance or alcohol is not excluded from use in the felony prosecution for a violation or attempted violation of specified crimes of sexual assault. The bill would specify that evidence that a witness received use immunity for testimony is not excluded in the felony prosecution of a violation or attempted violation of specified crimes of sexual assault. The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill would exclude from a criminal action a person's statement regarding their use of controlled substances or alcohol that would otherwise be admissible, it requires a 23 vote of each house of the Legislature.
Who sponsors AB 1927?
AB 1927 is sponsored by Boerner, Tasha (Democratic), Bauer-Kahan, Rebecca (Democratic), Chau, Chu, Friedman, Lackey, Tom (Republican), Limón, Monique (Democratic), Petrie-Norris, Cottie (Democratic), Quirk-Silva, Sharon (Democratic), Wicks, Buffy (Democratic), Caballero, Anna M. (Democratic), Garcia, Robert (Democratic), Rivas, Robert (Democratic), and Carrillo, Juan (Democratic).
What is the current status of AB 1927?
This bill has been enacted into law. Introduced January 15, 2020. Enacted.
Where can I track AB 1927?
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