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.
Sponsored bills
Existing law, the Child Abuse and Neglect Reporting Act, requires a mandated reporter, as defined, to report whenever he or she, in his or her professional capacity or within the scope of his or her employment, has knowledge of or observed a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect. Failure to report an incident is a crime punishable by imprisonment in a county jail for a period of 6 months, a fine of up to $1,000, or by both that imprisonment and fine. Existing law identifies commercial film and photographic print processors as mandated reporters, and requires any commercial film and photographic print processor who has knowledge of or observed in his or her professional capacity or employment any film, photograph, videotape, negative, or slide depicting a child under 16 years of age engaging in an act of sexual conduct to report the instance of suspected child abuse. This bill would expand the application of those provisions to commercial film and photographic print or image processors, as defined, and would also expand the list of media to which those provisions apply to include, among other things, any representation of information, data, or an image, as specified. This bill would also make technical, nonsubstantive changes and would update a cross-reference. By imposing the reporting requirements on a new class of persons, for whom failure to report specified conduct is a crime, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires specified information to be provided to patients regarding their health care. Existing federal law requires a written report of the results of each mammography examination and requires a summary of that report to be sent to the patient within a specified time period. This bill, from April 1, 2013, until January 1, 2019, would require, under specified circumstances, a health facility at which a mammography examination is performed to include in the summary of the written report that is sent to the patient a prescribed notice on breast density.
This measure would memorialize the President and Congress of the United States to enact legislation that would add comprehensive, preventative dental care coverage to Medicare benefits.
This measure would recognize September 2012 as Recovery Month in California, in order to raise awareness of the importance of substance use disorders treatment and to help people living with substance use disorders and their families to receive treatment.
This measure would recognize the 45th anniversary of Kwanzaa and proclaim December 26 through January 1 each year as Kwanzaa Week.
This measure would recognize the 25th anniversary of the California Vietnam Veterans Memorial on November 23, 2013, and encourage all Californians to take part in ceremonies, organized by the California State Council of Vietnam Veterans of America along with assistance from the Department of Veterans Affairs and other veterans service organizations. This measure would call upon the state archives to display memorabilia in a special display on the Vietnam War, as provided, the California State Military Museum to prepare and display exhibits on the Vietnam War, as provided, and the Department of Veterans Affairs to add names to the memorial, as provided.
This measure encourages the California Community Colleges, the California State University, and the University of California to consider and adopt the American Council on Education credit recommendations to give veterans due credit for their military experience.
This measure would declare December 12, 2012, as California Bullying Prevention Day, and would recognize the need for individuals, schools, communities, businesses, local governments, and the state to take action on behalf of bullying prevention in California.
This measure would urge the United States Postal Service to end its plan to reduce the frequency of mail delivery from 6 days to 5 days a week, and to take all appropriate measures to ensure the continuation of this 6-day mail delivery service.