SB 1928

Present law authorizes a magistrate to exclud e witnesses during the examination of other witnesses or of the defendant if the magistrate think s doing so is best for the attainment of justice . This bill prohibits a magistrate from so excluding any of the following witnesses :  A party who is a natural person .  A person designated by counsel for a party that is not a natural person .  A person whose presence is shown by a party to be essential to the presentation of the party's cause .  A victim of a criminal offense or, if the victim is unable to attend, the representative of a victim, when the representative has been selected by the victim, the victim's guardian, or the victim's family, and is in addition to a person designated by counsel for a party that is not a natural person . RESTITUTION Present law authorizes a sentencing court to direct a defendant to make restitution to the victim of the offense as a condition of probation. This bill adds that a "victim"" includes a law enforcement agency that expends funds for the purchase of controlled substances or other items of contraband during investigations into criminal activity. CRIMINAL INJURIES COMPENSATION PAYMENTS Present law requires a criminal injuries compensation payment to be made to a claimant for personal injury to or death of the victim that resulted from certain offenses. This bill adds both of the following offenses to the list of actions:  A crime that involved the offense of evading arrest, which directly resulted in serious bodily injury or death to the victim .  A crime that involved the offense of vehicular homicide, which directly resulted in serious bodily injury or death to the victim . For purposes of this bill, ""v ehicular homicide "" means the reckless killing of another by the operation of an automobile, airplane, boat, or other motor vehicle, as the proximate result of any of the following:  Conduct creating a substantial risk of death or serious bodily injury to a person .  As the proximate result of conduct constituting the offense of drag racing .  The driver's conduct in a posted construction zone where the person killed was an employee of the department of transportation or a highway construction worker. JUDICIAL PROCESS Present law provides that a person commits an offense who harms or threatens to harm an individual involved in the judicial process or a family member of such person with the intent to impede, intimidate, interfere with, or retaliate against the individual in connection with the in dividual's participation in the judicial process. This bill adds that an ""i ndividual involved in the judicial process "" includes any of the following victim s:  A n individual who suffers direct or threatened physical, emotional or financial harm as the result of the commission of a crime or an immediate family member of a minor victim or a homicide victim .  A natural person against whom a crime was committed. If the victim is a minor, then the parent or legal guardian of the minor; or if the victim is deceased or is physically or emotionally unable to exercise the victim's rights, then a family member or person who resided with the victim . For purposes of the above paragraph, a ""v ictim "" does not include a person charged with, or alleged to have committed, the crime or who is charged with some form of criminal responsibility for commission of the crime."