CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 652Introduced by Senator UmbergFebruary 16, 2023 An act to amend Section 801 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 652, as introduced, Umberg. Evidence:expert testimony.Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.This bill would create an additional requirement that, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise.The bill would also make technical, nonsubstantive changes.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 801 of the Evidence Code is amended to read:801. If a witness is testifying as an expert, his their testimony in the form of an opinion is limited to such an opinion as is: that is all of the following:(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact.(b) Based on matter (including his their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his their testimony relates, unless an expert is precluded by law from using such matter as a basis for his their opinion.(c) Based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 652Introduced by Senator UmbergFebruary 16, 2023 An act to amend Section 801 of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 652, as introduced, Umberg. Evidence:expert testimony.Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.This bill would create an additional requirement that, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise.The bill would also make technical, nonsubstantive changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 652
Introduced by Senator UmbergFebruary 16, 2023
Introduced by Senator Umberg
February 16, 2023
An act to amend Section 801 of the Evidence Code, relating to evidence.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 652, as introduced, Umberg. Evidence:expert testimony.
Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.This bill would create an additional requirement that, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise.The bill would also make technical, nonsubstantive changes.
Existing law authorizes an expert witness to testify in the form of an opinion, if the opinion is sufficiently beyond the common experience such that it would assist the trier of fact and if the opinion is based on matter, whether or not admissible, that is known to the witness prior to their testimony and that may reasonably be relied upon by an expert in forming their opinion in the matter, unless the witness is precluded by law from using those reasons or matter as a basis for the opinion.
This bill would create an additional requirement that, for an expert to testify in the form of an opinion, that opinion must also be based on a standard of a reasonable degree of probability in the expert witness field of expertise.
The bill would also make technical, nonsubstantive changes.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 801 of the Evidence Code is amended to read:801. If a witness is testifying as an expert, his their testimony in the form of an opinion is limited to such an opinion as is: that is all of the following:(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact.(b) Based on matter (including his their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his their testimony relates, unless an expert is precluded by law from using such matter as a basis for his their opinion.(c) Based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.
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 801 of the Evidence Code is amended to read:801. If a witness is testifying as an expert, his their testimony in the form of an opinion is limited to such an opinion as is: that is all of the following:(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact.(b) Based on matter (including his their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his their testimony relates, unless an expert is precluded by law from using such matter as a basis for his their opinion.(c) Based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.
SECTION 1. Section 801 of the Evidence Code is amended to read:
### SECTION 1.
801. If a witness is testifying as an expert, his their testimony in the form of an opinion is limited to such an opinion as is: that is all of the following:(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact.(b) Based on matter (including his their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his their testimony relates, unless an expert is precluded by law from using such matter as a basis for his their opinion.(c) Based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.
801. If a witness is testifying as an expert, his their testimony in the form of an opinion is limited to such an opinion as is: that is all of the following:(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact.(b) Based on matter (including his their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his their testimony relates, unless an expert is precluded by law from using such matter as a basis for his their opinion.(c) Based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.
801. If a witness is testifying as an expert, his their testimony in the form of an opinion is limited to such an opinion as is: that is all of the following:(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact.(b) Based on matter (including his their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his their testimony relates, unless an expert is precluded by law from using such matter as a basis for his their opinion.(c) Based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.
801. If a witness is testifying as an expert, his their testimony in the form of an opinion is limited to such an opinion as is: that is all of the following:
(a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact.
(b) Based on matter (including his their special knowledge, skill, experience, training, and education) perceived by or personally known to the witness or made known to him them at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his their testimony relates, unless an expert is precluded by law from using such matter as a basis for his their opinion.
(c) Based on a standard of a reasonable degree of probability in their field of expertise, including, but not limited to, medical, psychological, psychiatric, scientific, engineering, or other applicable field in which they are offered as an expert.