California Senate Bill 1386
Session 20232024
Evidence: sexual assault.
Became Law
Became Law on Sep 29, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
1386
State
California
Session
20232024
Anna M. Caballero
grade
Author
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Coauthor
Rubio
Coauthor
Coauthor
Coauthor
Motion Text
Unfinished Business SB1386 Caballero et al. Concurrence
Senate Roll Call Votes
Yes
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Summary
Under existing law, in any civil action that contains allegations of sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and evidence of specific instances of a plaintiff's sexual conduct with someone other than the alleged perpetrator, is not admissible by the defendant in order to prove consent by the plaintiff or the absence of injury to the plaintiff.
This bill would also make the specified types of evidence inadmissible in such civil actions when being used to attack the credibility of the plaintiff's testimony on consent or absence of injury.
Under existing law, in any sexual battery civil action involving a minor and an adult who is in a position of authority, as specified, evidence of the plaintiff minor's sexual conduct with the defendant adult is not admissible to prove consent by the plaintiff or the absence of injury to the plaintiff. Existing law authorizes evidence of the minor plaintiff's sexual conduct to be introduced only to attack the credibility of the plaintiff or to prove something other than consent by the plaintiff if, upon a hearing of the court out of the presence of the jury, the defendant proves that the probative value of that evidence outweighs the prejudice to the plaintiff, as specified.
This bill would remove the requirement, in cases involving a minor and an adult who is in a position of authority, that prior to the introduction of specified types of evidence, a court hold a hearing out of the presence of the jury, where the defendant bears the burden to prove that the probative value of the evidence outweighs the prejudice. The introduction of evidence relating to the sexual conduct of the minor in such cases would be evaluated under procedures already in place under existing law.
02/16/24 - Introduced
February 16, 2024
03/19/24 - Amended Senate
March 19, 2024
08/12/24 - Amended Assembly
August 12, 2024
08/22/24 - Amended Assembly
August 22, 2024
09/03/24 - Enrolled
September 3, 2024
09/29/24 - Chaptered
September 29, 2024
04/05/24- Senate Judiciary
April 5, 2024
04/11/24- Sen. Floor Analyses
April 11, 2024
05/31/24- Assembly Judiciary
May 31, 2024
06/05/24- ASSEMBLY FLOOR ANALYSIS
June 5, 2024
08/14/24- ASSEMBLY FLOOR ANALYSIS
August 14, 2024
08/23/24- ASSEMBLY FLOOR ANALYSIS
August 23, 2024
08/28/24- Sen. Floor Analyses
August 28, 2024
08/29/24- Sen. Floor Analyses
August 29, 2024
Sort by most recent
09/29/2024
California State Legislature
Chaptered by Secretary of State. Chapter 993, Statutes of 2024.
09/29/2024
California State Legislature
Approved by the Governor.
09/09/2024
California State Legislature
Enrolled and presented to the Governor at 3 p.m.
08/29/2024
Senate
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 5644.) Ordered to engrossing and enrolling.
08/28/2024
Senate
In Senate. Concurrence in Assembly amendments pending.
08/28/2024
Assembly
Read third time. Passed. (Ayes 72. Noes 0. Page 6695.) Ordered to the Senate.
08/22/2024
Assembly
Ordered to third reading.
08/22/2024
Assembly
Read third time and amended.
08/12/2024
Assembly
Ordered to third reading.
08/12/2024
Assembly
Read third time and amended.
06/05/2024
Assembly
Read second time. Ordered to third reading.
06/04/2024
Assembly
From committee: Do pass. (Ayes 8. Noes 0.) (June 4).
05/28/2024
Assembly
Referred to Com. on JUD.
05/21/2024
Assembly
In Assembly. Read first time. Held at Desk.
05/20/2024
Senate
Read third time. Passed. (Ayes 39. Noes 0. Page 4011.) Ordered to the Assembly.
04/11/2024
Senate
Read second time. Ordered to third reading.
04/10/2024
Senate
From committee: Do pass. (Ayes 10. Noes 0. Page 3531.) (April 9).
03/28/2024
Senate
Set for hearing April 9.
03/19/2024
Senate
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
02/29/2024
Senate
Referred to Com. on JUD.
02/20/2024
Senate
From printer. May be acted upon on or after March 18.
02/16/2024
Senate
Introduced. Read first time. To Com. on RLS. for assignment. To print.
Sources
Record Created
Feb 17, 2024 12:18:52 PM
Record Updated
Oct 10, 2024 12:34:49 PM