Benoit Empowers Victims To Testify Against Criminals - Even From Hospital

By Dave Everett | 05/22/08 | 08:44 AM EDT | 0 Comments

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Thumbnail image for Assemblyman John Benoit.jpgIn California, our legislators tend to have more compassion for the criminals than they do for the victims of crimes.  That is why the people have had to go to the ballot box to get tough on crime measures like 3 Strikes, Prop. 187, and Jessica's Law. And sometimes the judicial branch throws out those voter-approved measures anyway, but I digress...

 

I wanted to highlight what I thought was a cool bill that a local Republican actually got through the legislature past all of these "criminal-protecting" bleeding hearts on the left.  The bill, AB 1158, is authored by Riverside Republican John Benoit.  Benoit is running against Russ Bogh for State Senate on June 3rd.  It would basically let victims testify in trials from the hospital via video conferencing instead of having to be physically in court.

 

Sounds good to me.  Criminals shouldn't get away with victimizing people in our neighborhoods just because a witness has bad health.  The tougher we are on these thugs, the less they will want to stay in California.  And how often do we see areas of our state and federal laws that need to be repealed or updated to reflect 21st Century technology?  Too often if you ask me.

 

But I must say that even though I seem to get upset with the Governor weekly at this point over some anti-Republican position or vote, he did do a good thing signing this one. 

 

For Immediate Release:                                                           
Friday, May 16, 2008                                                                             
                                                                                                               
 
Governor Schwarzenegger Signs Legislation to Help Crime Victims Seek Justice
 
Governor Arnold Schwarzenegger today signed AB 1158 by Assemblyman John J. Benoit (R-Bermuda Dunes), which authorizes the use of two-way video conferencing technology in the courtroom to examine sick or infirm witnesses.
 
"We must do everything we can to help crime victims seek justice," Governor Schwarzenegger said. "This legislation gives us another tool to protect our most vulnerable citizens. By allowing sick or infirm witnesses to use this already-existing video conferencing technology, this bill ensures that victims are able 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. AB 1158 modifies section 1340, allowing 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 the victim and the criminal is free to continue abusing others. This already-existing interactive video conferencing technology allows for both the witness's right to testify in a criminal case and the protection of the rights of the accused to question witnesses. AB 1158 ensures the testimony of victimized seniors against unexpected or unpreventable circumstances, while respecting the rights of defendants.
 
The Governor also signed AB 2215 by Assemblymember Tom Berryhill (R-Modesto), which redefines select custodial officers and peace officers, and AB 2574 by Assemblymember Bill Emmerson (R-Rancho Cucamonga), which creates a pilot program that authorizes the sheriff of certain counties to spend money from the inmate welfare fund for the purpose of assisting indigent inmates with the re-entry process.
 
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TAGS: AB 1158, Arnold Schwarzenegger, John Benoit, Penal Code section 1340, Russ Bogh, crime victims

 

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