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. Prior law, which was repealed on January 1, 2022, prohibited, in civil actions other than those specified above, the disclosure of a person's immigration status in open court by a party unless that party requested an in camera hearing and the presiding judge determined that the evidence was admissible. Prior law, which was repealed on January 1, 2022, applied that prohibition to criminal actions. This bill would reenact those repealed provisions. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2 /3 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 2 /3 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 168, Statutes of 2022.
Approved by the Governor.
Enrolled and presented to the Governor at 2 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Urgency clause adopted. Passed. (Ayes 71. Noes 0. Page 5750.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 0.) (June 8).
Coauthors revised.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 1). Re-referred to Com. on JUD.
Coauthors revised.
In Assembly. Read first time. Held at Desk.
Read third time. Urgency clause adopted. Passed. (Ayes 28. Noes 0. Page 3579.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 9. Noes 0. Page 3254.) (March 29).
Set for hearing March 29.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 3049.) (March 8). Re-referred to Com. on JUD.
Set for hearing March 8.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
From printer. May be acted upon on or after February 6.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB836 | HTML |
| 01/06/22 - Introduced | |
| 02/18/22 - Amended Senate | |
| 08/08/22 - Enrolled | |
| 08/22/22 - Chaptered |
| Document | Format |
|---|---|
| 03/04/22- Senate Public Safety | |
| 03/25/22- Senate Judiciary | |
| 03/31/22- Sen. Floor Analyses | |
| 05/31/22- Assembly Public Safety | |
| 06/08/22- Assembly Judiciary | |
| 06/10/22- ASSEMBLY FLOOR ANALYSIS |
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