HomeMy WebLinkAboutattachment D- AB 479
Update: AB 479: Discussed at 1/7/20 OCOA Mtg. Note: companion bill in Senate
is SB 430
AB 479 is an ACT to create 971.108 and 971.109 of the statutes; relating to: expediting
criminal proceedings when a victim or witness is an elder person and
preserving the testimony of a crime victim or witness who is an elder person.
Analysis by the Legislative Reference Bureau
This bill creates a requirement that a court expedite proceedings in criminal and delinquency cases and
juvenile dispositional hearings involving a victim or witness who is an elder person. Under the bill, the
court must take appropriate action to ensure a speedy trial in order to minimize the length of time the
elder person must endure the stress of involvement in the proceedings. This bill also creates a
requirement that a court preserve certain testimony in criminal matters involving a victim or witness
who is an elder person. Under the bill, in criminal and delinquency cases and juvenile dispositional
hearings involving a victim or witness who is an elder person, the prosecuting attorney may file a motion
to preserve the testimony of the elder person. If the prosecuting attorney files such a motion, the court
must then hold a hearing to record the testimony of the elder person within 60 days. The bill requires
the defendant to be present at the hearing and the witness to be subject to cross-examination at the
hearing. The recorded testimony of the elder person from the hearing is admissible at later court
proceedings in the case. Under the bill, an elder person is any person who is 60 years of age or older.