CaliforniaEvidence: credibility of witnesses and evidence affected or excluded by extrinsic policies.
What it does
(1) Existing law sets forth the procedure by which, in any prosecution for rape or other specified sexual offenses, evidence of sexual conduct of the complaining witness may be 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.
More detail
Under existing law, these procedures do not apply if the specified offenses are alleged to have occurred in a local detention facility or state prison, as defined.
This bill would remove this exception, thereby also applying these procedures to specified offenses alleged to have occurred in a local detention facility or state prison.
(2) Existing law provides that evidence of a person's character or a trait of their character is generally inadmissible when offered to prove the person's conduct on a specified occasion. Existing law prohibits, during the prosecution of specified sex crimes, the admission of, among other things, opinion evidence, reputation evidence, or specific instances of sexual conduct involving the victim and persons other than the defendant to prove the victim's consent. This prohibition does not apply to specified offenses alleged to have occurred in a local detention facility or state prison, as defined.
This bill would additionally remove this exception, thereby also prohibiting the admission of such evidence in the prosecution of specified offenses alleged to have occurred in a local detention facility or state prison.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 30Chaptered by Secretary of State - Chapter 50, Statutes of 2026.Latest
- Jun 30Approved by the Governor Gavin Newsom.Became Law
- Jun 24Enrolled and presented to the Governor at 11:30 a.m.To Governor
- Jun 15In Assembly. Ordered to Engrossing and Enrolling.Minor
- Vote recorded Consent Calendar 2nd. Result: pass.Upper
- Jun 15Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4761.).Passed Senate
- Jun 10Read second time. Ordered to Consent Calendar.Minor
- Jun 9From committee: Do pass. To Consent Calendar. (Ayes 6. Noes 0.) (June 9).Minor
- Vote recorded Do pass and be ordered to the Consent Calendar. Result: pass.Upper
- May 6Referred to Com. on PUB. S.Minor
- Apr 16In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 2556 Boerner Consent Calendar Second Day. Result: pass.Lower
- Apr 16Read third time. Passed. Ordered to the Senate. (Ayes 68. Noes 0. Page 4682.)Passed Assembly
- Apr 9Read second time. Ordered to Consent Calendar.Minor
- Apr 8From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (April 7).Minor
- Apr 7
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Mar 18In committee: Set, first hearing. Hearing canceled at the request of author.
- Mar 9Referred to Com. on PUB. S.Minor
- Feb 21From printer. May be heard in committee March 23.
- Feb 20Read first time. To print.Introduced