California 2021-2022 Regular Session Status: Enacted Bipartisan · 8 D · 3 R cosponsors

AB 341 — Credibility of witnesses: sexual conduct: social media content.

Last action — Chaptered by Secretary of State - Chapter 24, Statutes of 2021.

  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 28, 2021. 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.

  • 16 sponsors

    1 primary, 15 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (8 D · 3 R) — cross-party backing.

  • 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 sets forth the procedure required in any prosecution for rape or other specified offenses, with certain exceptions, if evidence of sexual conduct of the complaining witness, as defined, is offered to attack the credibility of the complaining witness. This procedure involves, among other things, the filing of a written motion by the defendant, accompanied by an affidavit filed under seal stating an offer of proof, and, if the court determines that the offer is sufficient, a hearing out of the presence of the jury regarding the offer of proof. At the conclusion of the hearing, the court may make an order stating what evidence may be introduced by the defendant. This bill would define "evidence of sexual conduct" for these purposes to include the portions of a social media account about the complaining witness that depict sexual content, as specified, unless the content is related to the alleged offense.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 24, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4:15 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1543.).

  6. Read second time. Ordered to Consent Calendar.

  7. From committee: Do pass. To Consent Calendar. (Ayes 4. Noes 0.) (June 8).

  8. Referred to Com. on PUB. S.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 932.)

  11. Read second time. Ordered to Consent Calendar.

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

  13. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 8. Noes 0.) (March 23).

  14. Referred to Com. on PUB. S.

  15. From printer. May be heard in committee February 28.

  16. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 15 co-sponsors · 106 not signed on

Sponsors (1)

Co-sponsors (15)

Not signed on (106)

106 members have not signed on to this bill.

Show all 106 →

"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 AB341

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 21002
Republican 4000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Pan — Yea
Wieckowski — Yea
Hueso — Yea
Glazer — Yea
Rubio — Yea
Kamlager — Yea
Borgeas — Yea
Eggman — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Bates — Yea
Gonzalez — Yea
Atkins — Yea
Leyva — Yea
Wilk — Yea
Bradford — Yea
Hertzberg — Yea
Nielsen — Yea
Roth — Yea
Dodd — Yea
Skinner — Not Voting
Melendez — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique 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 Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

AB 341 Boerner Horvath Consent Calendar Second Day

Passed 74 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 27000
Unaffiliated 37004
Republican 10000
Total 74004
% of votes cast 95%0%0%5%
How each member voted (78)
Member Party Vote
Bloom — Yea
Friedman — Yea
Voepel — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Holden — Not Voting
Cooley — Not Voting
Wood — Not Voting
Mullin — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie 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
Ward, Christopher M. Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican 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 341 do?
Existing law sets forth the procedure required in any prosecution for rape or other specified offenses, with certain exceptions, if evidence of sexual conduct of the complaining witness, as defined, is offered to attack the credibility of the complaining witness. This procedure involves, among other things, the filing of a written motion by the defendant, accompanied by an affidavit filed under seal stating an offer of proof, and, if the court determines that the offer is sufficient, a hearing out of the presence of the jury regarding the offer of proof. At the conclusion of the hearing, the court may make an order stating what evidence may be introduced by the defendant. This bill would define "evidence of sexual conduct" for these purposes to include the portions of a social media account about the complaining witness that depict sexual content, as specified, unless the content is related to the alleged offense.
Who sponsors AB 341?
AB 341 is sponsored by Boerner, Tasha (Democratic), Bauer-Kahan, Rebecca (Democratic), Davies, Laurie (Republican), Friedman, Petrie-Norris, Cottie (Democratic), Villapudua, Wicks, Buffy (Democratic), Bates, Leyva, Limón, Monique (Democratic), Skinner, Gonzalez, Jeff (Republican), Rivas, Robert (Democratic), Carrillo, Juan (Democratic), and Garcia, Robert (Democratic).
What is the current status of AB 341?
This bill has been enacted into law. Introduced January 28, 2021. Enacted.
Where can I track AB 341?
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