Ted Lieu
- Democratic
Author
(1) Existing law defines "unavailable as a witness," for purposes of the Evidence Code, to mean that the declarant is, among other things, exempted or precluded on the ground of privilege, disqualified, dead, or absent for a specified reason. This bill would supplement that definition to add the circumstance that the declarant is persistent in refusing to testify concerning the subject matter of the declarant's statement despite having been found in contempt for refusal to testify. (2) Existing law, known as the "hearsay rule," provides that, at a hearing, evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law also provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. This bill would provide, until January 1, 2016, that evidence of a statement that is offered against a party who has engaged, or aided and abetted, in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness is not made inadmissible by the hearsay rule. The bill would require the party seeking to introduce a statement to establish, by a preponderance of the evidence, that the elements of this provision have been met at a foundational hearing, as specified. These provisions would apply to any civil, criminal, or juvenile case or proceeding initiated or pending as of January 1, 2011.
Chaptered by Secretary of State - Chapter 537, Statutes of 2010.
Approved by the Governor.
Enrolled and to the Governor at 2:50 p.m.
Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6218.)
In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.
Read third time, passed, and to Assembly. (Ayes 31. Noes 0. Page 4459.)
Read second time and amended. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (June 29).
In committee: Testimony taken. Further hearing to be set.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 4794.)
Read second time. To third reading.
From committee: Do pass. (Ayes 10. Noes 0.) (April 13).
From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
In committee: Set, first hearing. Hearing canceled at the request of author.
In committee: Hearing postponed by committee.
In committee: Hearing postponed by committee.
From printer. May be heard in committee March 6.
Read first time. To print.
| Bill Text Versions | Format |
|---|---|
| AB1723 | HTML |
| 02/03/10 - Introduced | |
| 04/08/10 - Amended Assembly | |
| 08/02/10 - Amended Senate | |
| 08/17/10 - Enrolled | |
| 09/29/10 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.