Sacramento – Legislation by Assemblywoman Betty Karnette (D-Long Beach) to allow honorably retired peace officers to testify at preliminary hearings about out of court statements made by victims and witnesses was signed by the Governor today (Chapter 18, 2005). Assembly Bill 557, which is sponsored by the Los Angeles District Attorney's Office, amends Proposition 115, commonly referred to as the Crime Victims' Justice Reform Act.

Stated Karnette, "The enactment of AB 557 will be of great benefit to judges and crime victims. Allowing the sworn testimony of retired law enforcement officers with knowledge and experience on relevant cases, will allow for meaningful and reliable information to be presented at preliminary hearings. I am proud to author this important law."

California enacted Proposition 115 in 1990, which made several changes to Article I of the California Constitution, and was intended to relieve crime victims from having to testify at preliminary hearings. According to the sponsors of AB 557, Proposition 115 was intended to authorize experienced officers to testify on statements made by victims and witnesses at preliminary hearings for the purpose of determining probable cause.

Assembly Bill 557 will broaden the application of Proposition 115. Currently, retired peace officers cannot testify about out of court statements at preliminary hearings. As passed, Proposition 115 allowed active duty peace officers to testify at preliminary hearings concerning statements that victims and witnesses made during the course of an investigation. Preliminary hearings are used to determine if there is probable cause to charge a defendant with a crime. Because most police officers investigate cases up until the date of their retirement, their testimony about statements by witnesses and victims throughout the investigation may be important and eliminates the need to re-hire officers to testify.

"By giving retired peace officers the same opportunity to testify testifies at preliminary hearings as active duty officers, AB 557 will save time and money for courts, prosecutors and public defenders. Without AB 557, it is often necessary to call several other witnesses in place of the peace officer at hearing which often takes a day instead of an hour. Most importantly, AB 557 will save crime victims and witnesses from the trauma of having to testify twice--once at the preliminary hearing and again at the trial. We thank Senator Karnette for her hard work on this important public safety legislation," state Jim Provenza of the Los Angeles District Attorney's Office.

Assembly Bill 557 received wide bipartisan support in the Legislature and was supported by the following law enforcement organizations: Attorney General. Peace Officers Research Association of California, San Bernardino County Sheriff, L.A. County Probation Officers Union, Association for L.A. Deputy Sheriffs, Riverside Sheriff's Association, California Association of Highway Patrolmen, AFSCME and the California State Sheriffs' Association.