California 2017-2018 Regular Session

California Assembly Bill AB1736 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	Assembly Bill No. ~~1736 CHAPTER 64~~ An act to amend Section 1294 of the Evidence Code, relating to evidence. ~~[ Approved by Governor July 09, 2018. Filed with Secretary of State July 09, 2018. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 1736, Cunningham. Evidence: hearsay: prior inconsistent statements.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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met.This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met.Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1294 of the Evidence Code is amended to read:1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
	1	+	Enrolled June 22, 2018 Passed IN Senate June 21, 2018 Passed IN Assembly February 20, 2018 Amended IN Assembly February 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1736Introduced by Assembly Member CunninghamJanuary 03, 2018 An act to amend Section 1294 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 1736, Cunningham. Evidence: hearsay: prior inconsistent statements.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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met.This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met.Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1294 of the Evidence Code is amended to read:1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
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3		-	Assembly Bill No. 1736 CHAPTER 64 An act to amend Section 1294 of the Evidence Code, relating to evidence. [ Approved by Governor July 09, 2018. Filed with Secretary of State July 09, 2018. ] LEGISLATIVE COUNSEL'S DIGESTAB 1736, Cunningham. Evidence: hearsay: prior inconsistent statements.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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met.This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met.Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled June 22, 2018 Passed IN Senate June 21, 2018 Passed IN Assembly February 20, 2018 Amended IN Assembly February 14, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1736Introduced by Assembly Member CunninghamJanuary 03, 2018 An act to amend Section 1294 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 1736, Cunningham. Evidence: hearsay: prior inconsistent statements.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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met.This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met.Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	4	+
	5	+	Enrolled June 22, 2018 Passed IN Senate June 21, 2018 Passed IN Assembly February 20, 2018 Amended IN Assembly February 14, 2018
	6	+
	7	+	Enrolled June 22, 2018
	8	+	Passed IN Senate June 21, 2018
	9	+	Passed IN Assembly February 20, 2018
	10	+	Amended IN Assembly February 14, 2018
	11	+
	12	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
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5	14		Assembly Bill No. 1736
6		-	CHAPTER 64
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	16	+	Introduced by Assembly Member CunninghamJanuary 03, 2018
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	18	+	Introduced by Assembly Member Cunningham
	19	+	January 03, 2018
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8	21		An act to amend Section 1294 of the Evidence Code, relating to evidence.
9		-
10		-	[ Approved by Governor July 09, 2018. Filed with Secretary of State July 09, 2018. ]
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12	23		LEGISLATIVE COUNSEL'S DIGEST
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14	25		## LEGISLATIVE COUNSEL'S DIGEST
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16	27		AB 1736, Cunningham. Evidence: hearsay: prior inconsistent statements.
17	28
18	29		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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met.This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met.Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.
19	30
20	31		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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met.
21	32
22	33		This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met.
23	34
24	35		Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally.
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26	37		This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.
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28	39		## Digest Key
29	40
30	41		## Bill Text
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32	43		The people of the State of California do enact as follows:SECTION 1. Section 1294 of the Evidence Code is amended to read:1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
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34	45		The people of the State of California do enact as follows:
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36	47		## The people of the State of California do enact as follows:
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38	49		SECTION 1. Section 1294 of the Evidence Code is amended to read:1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
39	50
40	51		SECTION 1. Section 1294 of the Evidence Code is amended to read:
41	52
42	53		### SECTION 1.
43	54
44	55		1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
45	56
46	57		1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
47	58
48	59		1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.
49	60
50	61
51	62
52	63		1294. (a) The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:
53	64
54	65		(1) A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
55	66
56	67		(2) A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.
57	68
58	69		(b) The party against whom the prior inconsistent statements are offered, at his or her option, may examine or cross-examine any person who testified at the conditional examination, preliminary hearing, or prior proceeding, as to the prior inconsistent statements of the witness.
59	70
60	71		(c) As used in this section, conditional examination has the same meaning as in Chapter 4 (commencing with Section 1335) of Title 10 of Part 2 of the Penal Code.