SB 1276

Bill Subjects

Abstract

Existing law authorizes an expert witness to testify in the form of an opinion, as specified, and to state on direct examination the reasons for the opinion and the matter upon which it is based, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion. The court, in its discretion, may require that a witness, before testifying in the form of an opinion, be first examined concerning the matter upon which the opinion is based. Existing law also provides circumstances under which testimony in the form of an opinion based in whole or in significant part on matter that is not a proper basis for an opinion may be excluded. The California Supreme Court, in People v. Sanchez (2016) 63 Cal. 4th 665, held that statements made out of court and relied upon by an expert witness in forming the basis of the witness's opinion are inadmissible hearsay if an expert witness testifies to the content of those statements as true and accurate in support of the expert's opinion. This bill would abrogate the holding in that decision as it applies to proceedings under the Family Code by providing, in these proceedings, that evidence of a statement used to support the opinion of an expert is not inadmissible as hearsay if the court, in its discretion, determines that the statement is reliable, and would require the court to consider certain factors in making its determination. The bill would also authorize, in proceedings under the Family Code, that a witness, before testifying in the form of an opinion, be examined with regard to the factors considered by the court to determine the reliability of a statement. The bill would also make technical, nonsubstantive changes.