SACRAMENTO – Assemblyman John J. Benoit (R-Bermuda Dunes) announced that the Senate on Thursday unanimously passed Assembly Bill 1158, Benoit´s elder abuse testimony bill, by a vote of 35-0. Benoit´s bill, authorizing the use of two-way video conferencing technology in the courtroom to examine sick or infirm witnesses, now awaits approval by Governor Schwarzenegger.
"Elder abuse is a crime that must be taken very seriously and I´m proud that my colleagues have acted in concert to pass this important legislation," said Assemblyman Benoit. "My bill permits the use of already-existing video conferencing technology that will allow elders to seek justice, while respecting the rights of the accused in a criminal trial."
Penal Code section 1340 provides a defendant with the right to be present in person and with counsel during the conditional examination of a witness. Benoit´s bill would modify section 1340 to allow the use of contemporaneous two way video conferencing if the court determines that a witness to be examined is too sick or infirm to attend the examination in person.
Currently, seniors in poor health, or who have been relocated by family for their own safety, are often unable to make it to the witness stand. Without their physical attendance at trial the suspect avoids prosecution. Justice is denied to this victim and the criminal is free to continue abusing others. A previous fix to the problem, enacted in 1999 by AB 526, allowed for the use of recorded videotaped interviews of elders shortly after a crime occurred. However, that legislation violated the Sixth Amendment´s Confrontation Clause: "In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him," and was struck down by the United States Supreme Court in Crawford v. Washington (2004).
However, the technological ascent of interactive video conferencing has allowed for both the witness´s right to testify in a criminal case and the protection of the rights of the accused to confront that victim. AB 1158 ensures the testimony of victimized seniors against unexpected or unpreventable circumstances, while respecting the rights of defendants.
AB 1158 is supported by the California District Attorneys Association, the California Senior Legislature, and the California Alliance for Retired Americans.
"Elder abuse is a crime that must be taken very seriously and I´m proud that my colleagues have acted in concert to pass this important legislation," said Assemblyman Benoit. "My bill permits the use of already-existing video conferencing technology that will allow elders to seek justice, while respecting the rights of the accused in a criminal trial."
Penal Code section 1340 provides a defendant with the right to be present in person and with counsel during the conditional examination of a witness. Benoit´s bill would modify section 1340 to allow the use of contemporaneous two way video conferencing if the court determines that a witness to be examined is too sick or infirm to attend the examination in person.
Currently, seniors in poor health, or who have been relocated by family for their own safety, are often unable to make it to the witness stand. Without their physical attendance at trial the suspect avoids prosecution. Justice is denied to this victim and the criminal is free to continue abusing others. A previous fix to the problem, enacted in 1999 by AB 526, allowed for the use of recorded videotaped interviews of elders shortly after a crime occurred. However, that legislation violated the Sixth Amendment´s Confrontation Clause: "In all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him," and was struck down by the United States Supreme Court in Crawford v. Washington (2004).
However, the technological ascent of interactive video conferencing has allowed for both the witness´s right to testify in a criminal case and the protection of the rights of the accused to confront that victim. AB 1158 ensures the testimony of victimized seniors against unexpected or unpreventable circumstances, while respecting the rights of defendants.
AB 1158 is supported by the California District Attorneys Association, the California Senior Legislature, and the California Alliance for Retired Americans.
