Scott Wiener
- Democratic
- Senator
- District 11
Author
Existing law provides that all relevant evidence is admissible in an action before the court, including evidence relevant to the credibility of a witness or hearsay declaring, subject to specified exceptions. Existing law also provides that, in civil actions for personal injury or wrongful death, evidence of a person's immigration status is not admissible and discovery of a person's immigration status is not permitted. In civil actions other than those specified above, this bill would prohibit the disclosure of a person's immigration status in open court by a party unless that party requests an in camera hearing and the presiding judge determines that the evidence is admissible. This bill would apply this prohibition to criminal actions. The provisions of the bill would be repealed on January 1, 2022. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 23 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill may exclude from a criminal action information about a person's immigration status that would otherwise be admissible, it requires a 23 vote of the Legislature. This bill would declare that it is to take effect immediately as an urgency statute.
Chaptered by Secretary of State. Chapter 12, Statutes of 2018.
Approved by the Governor.
Enrolled and presented to the Governor at 1 p.m.
Assembly amendments concurred in. (Ayes 31. Noes 6. Page 5006.) Ordered to engrossing and enrolling.
Read third time. Urgency clause adopted. Passed. (Ayes 69. Noes 1. Page 4940.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 10. Noes 0.) (April 17).
April 3 set for first hearing canceled at the request of author.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March 20). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
March 6 hearing postponed by committee.
In Assembly. Read first time. Held at Desk.
Read third time. Urgency clause adopted. Passed. (Ayes 32. Noes 7. Page 2260.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 1. Page 2114.) (July 18).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing July 18.
Read second time and amended. Re-referred to Com. on JUD.
From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 2. Page 1093.) (May 16).
Set for hearing May 16.
Withdrawn from committee.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
From printer. May be acted upon on or after March 23.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB785 | HTML |
| 02/17/17 - Introduced | |
| 05/04/17 - Amended Senate | |
| 05/23/17 - Amended Senate | |
| 07/10/17 - Amended Senate | |
| 08/22/17 - Amended Senate | |
| 03/12/18 - Amended Assembly | |
| 04/23/18 - Amended Assembly | |
| 05/11/18 - Enrolled | |
| 05/17/18 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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