Existing law makes it a crime to commit various acts of sexual assault, including sexual battery and rape. Existing law also makes it a crime to possess or use various controlled substances or for a person who is under 21 years of age to purchase or consume alcohol, as specified.
This bill would make the testimony of a victim or witness in a felony prosecution for a violation or attempted violation of specified crimes of sexual assault that states that the victim or witness, at or around the time of the violation or attempted violation, unlawfully possessed or used a controlled substance or alcohol inadmissible in a separate prosecution of that victim or witness to prove illegal possession or use of that controlled substance or alcohol.
The California Constitution provides for the Right to Truth-In-Evidence, which requires a 23 vote of each house of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.
Because this bill would exclude from a criminal action a person's statement regarding their use of controlled substances or alcohol that would otherwise be admissible, it requires a 23 vote of each house of the Legislature.