Bill shielding domestic violence victims from providing testimony signed by governor

State Sen. Leland YeeGov. Arnold Schwarzenegger on Tuesday signed a bill into law that will prohibit prosecutors and judges from threatening victims of domestic violence with contempt of court and jail time if they refuse to testify against their attackers.

The legislation, SB 1356, was authored by state Sen. Leland Yee (D-San Francisco) and mirrors an existing statute for sexual assault victims.

Yee praised the governor's decision:

"I am very pleased to see the governor and my colleagues on both sides of the aisle support this commonsense and much-needed legislation," Yee said in a statement. "Domestic violence survivors have been through enough; the last thing they need is to be re-victimized by our legal system or be exposed to threats of incarceration. This law is not going to result in fewer prosecutions, but instead just the opposite. Survivors are more likely to report incidents of domestic violence when they trust law enforcement and our system of justice."

The bill and like others has been opposed by prosecutors and district attorneys who say that taking away the threat of jail will result in fewer domestic violence convictions.

Schwarzenegger said he weighed carefully the legislation before deciding to support it.

"Some have argued that incarceration of domestic violence victims is an important tool in compelling victims to testify. However, I believe that the victims in these cases have suffered enough and that the decision to testify in these types of cases should be made by the individuals most impacted by these crimes," the governor wrote. "Domestic violence victims, like many sexual assault victims, are victimized by perpetrators they know, and experience similar psychological trauma and fear of retribution from the abuser or the abuser's family members...."