Contempt of court: domestic violence.

Existing law authorizes a court to punish for acts of contempt, including authorizing a court to direct the incarceration of a defendant until he or she complies with the court's order. Existing law prohibits a court from imprisoning or otherwise taking into custody the victim of a sexual assault or domestic violence crime for contempt of court when the contempt consists of refusing to testify about the sexual assault or domestic violence crime. Additionally, under existing law, a victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, confidential communications between the victim and a domestic violence counselor, as specified. This bill would authorize the court to refer a victim of a domestic violence crime who refuses to testify to a domestic violence counselor, as defined, before finding the victim in contempt of court. Under the bill, any communications between the victim and the domestic violence counselor would remain confidential, subject to certain exceptions. Existing law provides that an order terminating a criminal action is a bar to further prosecution for the same offense, as specified. This bar to subsequent prosecution does not apply in certain circumstances, including if the court makes certain specified findings after the dismissal of the action. These findings include that the termination of the action was the result of the failure to appear by the complaining witness, who had been personally subpoenaed in a prosecution for misdemeanor battery, felony rape, felony corporal injury, or a felony or misdemeanor violation of a court order to prevent domestic violence. This bill would provide that an order terminating an action does not bar further prosecution for the same offense if the termination of the action was the result of the complaining witness being found in contempt of court for refusing to testify about the sexual assault or domestic violence crime. This provision would apply only within 6 months of the original dismissal of the action, and could be invoked only once in each action.