Senate committee approves bill to shield domestic violence victims

From the Globe Political Desk

An effort that began three years ago to help protect domestic violence victims scored a major victory last week at the State Capitol.
   On a 3-2 partisan vote, the Senate Public Safety Committee approved legislation authored by Senator Leland Yee (D-San Francisco/San Mateo) to protect domestic violence victims from the threat of incarceration when they refuse to testify against their abuser in court. Senate Bill 1356 mirrors existing law for sexual assault victims, who are already shielded from such punishment.
   “Victims of domestic violence deserve the same protection as sexual assault victims, and should not be re-victimized by forced testimony, imprisonment or community service,” said Yee. “We need to also remember the children involved in these cases. Without this new law, those kids will continue to be put at risk and may be unfairly pushed into the foster care system.”
    Since 1991, sexual assault victims have not faced imprisonment if they decide not to testify in a criminal case, whereas domestic violence victims under a second contempt charge have been subject to incarceration. This law was tested in 2005, when the district attorney in San Mateo County pursued and a judge ordered jail time to a victim for refusing to testify against her abuser. The state appeals court later dissolved the contempt charge.
    The victim in the case, Katina Britt, retold her ordeal to the Senate Public Safety Committee.
    “I felt that the system had given up on me,” said Britt. “The district attorney did not protect me, even though I was a victim of a serious bodily injury crime. The DA wanted to victimize me once more and the court willingly obliged. I wish I had the protection sought by Senator Yee’s bill.”
    In 2005, Yee attempted to pass similar legislation, however, the bill stalled in the Assembly Public Safety Committee after opposition from prosecutors.
   “Although I respect the opinion of the district attorneys who oppose this bill, I am compelled by the overwhelming interest of victims and advocates who must handle the physical and psychological trauma associated with this horrible crime,” said Yee. “We want DAs to fully prosecute domestic violence cases. However, if victims fear having to testify or face imprisonment, they may be less likely to even come forward and report incidents of domestic violence.”
    SB 1356 may be voted on by the full Senate as early as next week.