Amended IN Assembly April 23, 2018 Amended IN Assembly March 12, 2018 Amended IN Senate August 22, 2017 Amended IN Senate July 10, 2017 Amended IN Senate May 23, 2017 Amended IN Senate May 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 785Introduced by Senator Wiener(Principal coauthor: Assembly Member Gonzalez Fletcher)(Coauthor: Assembly Member Chiu)February 17, 2017 An act to add and repeal Sections 351.3 and 351.4 of the Evidence Code, relating to evidence, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 785, as amended, Wiener. Evidence: immigration status.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 persons immigration status is not admissible and discovery of a persons immigration status is not permitted.In civil actions other than those specified above, this bill would prohibit the disclosure of a persons 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, but would also include a prohibition on the inclusion of a persons immigration status in public court records. The provisions of the bill would be repealed on January 1, 2022.The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any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 persons 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.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 351.3 is added to the Evidence Code, to read:351.3. (a) In a civil action not governed by Section 351.2, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of a claim or an affirmative defense.(2) Impact otherwise applicable laws governing discovery in the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action. action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 2. Section 351.4 is added to the Evidence Code, to read:351.4. (a) In a criminal action, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of an offense or an affirmative defense.(2) Limit discovery in a criminal action.(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to immediately help protect undocumented residents of California and their ability to participate in the California justice system, it is necessary that this act take effect immediately.SEC. 4. This act does not alter a prosecutors existing obligation to disclose exculpatory evidence.
Amended IN Assembly April 23, 2018 Amended IN Assembly March 12, 2018 Amended IN Senate August 22, 2017 Amended IN Senate July 10, 2017 Amended IN Senate May 23, 2017 Amended IN Senate May 04, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 785Introduced by Senator Wiener(Principal coauthor: Assembly Member Gonzalez Fletcher)(Coauthor: Assembly Member Chiu)February 17, 2017 An act to add and repeal Sections 351.3 and 351.4 of the Evidence Code, relating to evidence, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 785, as amended, Wiener. Evidence: immigration status.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 persons immigration status is not admissible and discovery of a persons immigration status is not permitted.In civil actions other than those specified above, this bill would prohibit the disclosure of a persons 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, but would also include a prohibition on the inclusion of a persons immigration status in public court records. 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 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 persons 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.Digest Key Vote: 2/3 Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 23, 2018 Amended IN Assembly March 12, 2018 Amended IN Senate August 22, 2017 Amended IN Senate July 10, 2017 Amended IN Senate May 23, 2017 Amended IN Senate May 04, 2017
Amended IN Assembly April 23, 2018
Amended IN Assembly March 12, 2018
Amended IN Senate August 22, 2017
Amended IN Senate July 10, 2017
Amended IN Senate May 23, 2017
Amended IN Senate May 04, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 785
Introduced by Senator Wiener(Principal coauthor: Assembly Member Gonzalez Fletcher)(Coauthor: Assembly Member Chiu)February 17, 2017
Introduced by Senator Wiener(Principal coauthor: Assembly Member Gonzalez Fletcher)(Coauthor: Assembly Member Chiu)
February 17, 2017
An act to add and repeal Sections 351.3 and 351.4 of the Evidence Code, relating to evidence, and declaring the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 785, as amended, Wiener. Evidence: immigration status.
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 persons immigration status is not admissible and discovery of a persons immigration status is not permitted.In civil actions other than those specified above, this bill would prohibit the disclosure of a persons 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, but would also include a prohibition on the inclusion of a persons immigration status in public court records. 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 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 persons 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.
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 persons immigration status is not admissible and discovery of a persons immigration status is not permitted.
In civil actions other than those specified above, this bill would prohibit the disclosure of a persons 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, but would also include a prohibition on the inclusion of a persons immigration status in public court records. 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 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 persons 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 351.3 is added to the Evidence Code, to read:351.3. (a) In a civil action not governed by Section 351.2, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of a claim or an affirmative defense.(2) Impact otherwise applicable laws governing discovery in the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action. action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 2. Section 351.4 is added to the Evidence Code, to read:351.4. (a) In a criminal action, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of an offense or an affirmative defense.(2) Limit discovery in a criminal action.(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to immediately help protect undocumented residents of California and their ability to participate in the California justice system, it is necessary that this act take effect immediately.SEC. 4. This act does not alter a prosecutors existing obligation to disclose exculpatory evidence.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 351.3 is added to the Evidence Code, to read:351.3. (a) In a civil action not governed by Section 351.2, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of a claim or an affirmative defense.(2) Impact otherwise applicable laws governing discovery in the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action. action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SECTION 1. Section 351.3 is added to the Evidence Code, to read:
### SECTION 1.
351.3. (a) In a civil action not governed by Section 351.2, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of a claim or an affirmative defense.(2) Impact otherwise applicable laws governing discovery in the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action. action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
351.3. (a) In a civil action not governed by Section 351.2, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of a claim or an affirmative defense.(2) Impact otherwise applicable laws governing discovery in the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action. action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
351.3. (a) In a civil action not governed by Section 351.2, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of a claim or an affirmative defense.(2) Impact otherwise applicable laws governing discovery in the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action. action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code. (3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
351.3. (a) In a civil action not governed by Section 351.2, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.
(b) This section does not do any of the following:
(1) Apply to cases in which a persons immigration status is necessary to prove an element of a claim or an affirmative defense.
(2) Impact otherwise applicable laws governing discovery in the relevance of immigration status to liability or the standards applicable to inquiries regarding immigration status in discovery or proceedings in a civil action. action, including Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.
(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 2. Section 351.4 is added to the Evidence Code, to read:351.4. (a) In a criminal action, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of an offense or an affirmative defense.(2) Limit discovery in a criminal action.(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 2. Section 351.4 is added to the Evidence Code, to read:
### SEC. 2.
351.4. (a) In a criminal action, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of an offense or an affirmative defense.(2) Limit discovery in a criminal action.(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
351.4. (a) In a criminal action, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of an offense or an affirmative defense.(2) Limit discovery in a criminal action.(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
351.4. (a) In a criminal action, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.(b) This section does not do any of the following:(1) Apply to cases in which a persons immigration status is necessary to prove an element of an offense or an affirmative defense.(2) Limit discovery in a criminal action.(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
351.4. (a) In a criminal action, evidence of a persons immigration status shall not be disclosed in open court by a party or his or her attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the persons immigration status.
(b) This section does not do any of the following:
(1) Apply to cases in which a persons immigration status is necessary to prove an element of an offense or an affirmative defense.
(2) Limit discovery in a criminal action.
(3) Prohibit a person or his or her attorney from voluntarily revealing his or her immigration status to the court.
(c) This section shall remain in effect only until January 1, 2022, and as of that date is repealed.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to immediately help protect undocumented residents of California and their ability to participate in the California justice system, it is necessary that this act take effect immediately.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to immediately help protect undocumented residents of California and their ability to participate in the California justice system, it is necessary that this act take effect immediately.
SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
### SEC. 3.
In order to immediately help protect undocumented residents of California and their ability to participate in the California justice system, it is necessary that this act take effect immediately.
SEC. 4. This act does not alter a prosecutors existing obligation to disclose exculpatory evidence.
SEC. 4. This act does not alter a prosecutors existing obligation to disclose exculpatory evidence.
SEC. 4. This act does not alter a prosecutors existing obligation to disclose exculpatory evidence.
### SEC. 4.