California 2011-2012 Regular Session

California Assembly Bill AB2637 Latest Draft

Bill / Introduced Version Filed 02/24/2012

 BILL NUMBER: AB 2637INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Galgiani FEBRUARY 24, 2012 An act to amend Section 802 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGEST AB 2637, as introduced, Galgiani. Evidence: opinion testimony. Existing law prescribes limitations pertaining to expert testimony and other opinion testimony in a court proceeding. Existing law permits a witness providing opinion testimony to state on direct examination the reasons for his opinion and the matter, as specified, upon which the opinion is based, unless the witness is precluded by law. This bill would make technical, nonsubstantive changes to these provisions. 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 802 of the Evidence Code is amended to read: 802. A witness testifying in the form of an opinion may state on direct examination the reasons for his  or her  opinion and the matter (including, in the case of an expert, his  or her  special knowledge, skill, experience, training, and education) upon which it is based, unless he  or she  is precluded by law from using  such   those  reasons or matter as a basis for his  or her  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 his or her  opinion is based.