CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1742Introduced by Assembly Member GipsonFebruary 17, 2023 An act to amend Section 402 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 1742, as introduced, Gipson. Evidence: admissibility.Existing law provides that only relevant evidence is admissible in a court. Existing law authorizes the court to hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury, except that the question of the admissibility of a confession or admission of a defendant in a criminal action is required to be heard and determined out of the presence and hearing of the jury if a party requests.This bill would make technical, nonsubstantive changes to the latter provision.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 402 of the Evidence Code is amended to read:402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any a party so requests.(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1742Introduced by Assembly Member GipsonFebruary 17, 2023 An act to amend Section 402 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTAB 1742, as introduced, Gipson. Evidence: admissibility.Existing law provides that only relevant evidence is admissible in a court. Existing law authorizes the court to hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury, except that the question of the admissibility of a confession or admission of a defendant in a criminal action is required to be heard and determined out of the presence and hearing of the jury if a party requests.This bill would make technical, nonsubstantive changes to the latter provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 1742
Introduced by Assembly Member GipsonFebruary 17, 2023
Introduced by Assembly Member Gipson
February 17, 2023
An act to amend Section 402 of the Evidence Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1742, as introduced, Gipson. Evidence: admissibility.
Existing law provides that only relevant evidence is admissible in a court. Existing law authorizes the court to hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury, except that the question of the admissibility of a confession or admission of a defendant in a criminal action is required to be heard and determined out of the presence and hearing of the jury if a party requests.This bill would make technical, nonsubstantive changes to the latter provision.
Existing law provides that only relevant evidence is admissible in a court. Existing law authorizes the court to hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury, except that the question of the admissibility of a confession or admission of a defendant in a criminal action is required to be heard and determined out of the presence and hearing of the jury if a party requests.
This bill would make technical, nonsubstantive changes to the latter provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 402 of the Evidence Code is amended to read:402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any a party so requests.(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
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 402 of the Evidence Code is amended to read:402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any a party so requests.(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
SECTION 1. Section 402 of the Evidence Code is amended to read:
### SECTION 1.
402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any a party so requests.(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any a party so requests.(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any a party so requests.(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.
402. (a) When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.
(b) The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury; but jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if any a party so requests.
(c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.