California Senate Bill SB1041 Introduced / Bill

 BILL NUMBER: SB 1041INTRODUCED BILL TEXT INTRODUCED BY Senator Harman FEBRUARY 12, 2010 An act to amend Section 1260 of the Evidence Code, relating to hearsay evidence. LEGISLATIVE COUNSEL'S DIGEST SB 1041, as introduced, Harman. Hearsay evidence: wills and revocable trusts. 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, including evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not made a will, or has or has not revoked his or her will, or that identifies his or her will. This bill would provide that evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not made a will or established a revocable trust, or has or has not revoked his or her will or revocable trust, or that identifies his or her will or revocable trust, is not made inadmissible by the hearsay rule. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1260 of the Evidence Code is amended to read: 1260. (a) Evidence of a statement made by a declarant who is unavailable as a witness that he  or she  has or has not made a will  or established a revocable trust  , or has or has not revoked his  or her  will  or revocable trust  , or that identifies his  or her  will  or revocable trust  , is not made inadmissible by the hearsay rule. (b) Evidence of a statement is inadmissible under this section if the statement was made under circumstances  such as to   that  indicate its lack of trustworthiness.