| 1 | 1 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 303Introduced by Senator Smallwood-CuevasFebruary 10, 2025 An act to add Article 12 (commencing with Section 1064) to Chapter 4 of Division 8 of, and to add Section 1163 to, the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 303, as introduced, Smallwood-Cuevas. Evidence: privileges and exclusions.(1) Existing law prescribes certain evidentiary privileges that apply to civil or criminal proceedings.This bill would provide that a public entity and public employee both have the privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts. The bill would define bias mitigation or elimination efforts as training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. The bill would prohibit the invocation of this privilege in a criminal proceeding.(2) Existing law enumerates specific evidence that is inadmissible in civil or criminal proceedings due to extrinsic policies.This bill would make evidence of a bias mitigation or elimination efforts relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, confidential and inadmissible in a civil proceeding for any purpose.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. Article 12 (commencing with Section 1064) is added to Chapter 4 of Division 8 of the Evidence Code, to read: Article 12. Bias Mitigation1064. As used in this article, bias mitigation or elimination efforts means training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. Those strategies can include testing for bias, analyzing bias tests, conducting bias training, and tracking bias mitigation and elimination.1065. A public entity, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by a public employee.(b) A specific strategy developed to address a public employees bias.1066. A public employee, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to the employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by the public employee.(b) A specific strategy developed to address the public employees bias.1067. There is no privilege under this article in a criminal proceeding.SEC. 2. Section 1163 is added to the Evidence Code, to read:1163. (a) Evidence of bias mitigation or elimination efforts, as defined in Section 1064, relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, is confidential and shall be inadmissible for any purpose.(b) This section does not exclude the discovery or use of relevant evidence in a criminal action. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 303Introduced by Senator Smallwood-CuevasFebruary 10, 2025 An act to add Article 12 (commencing with Section 1064) to Chapter 4 of Division 8 of, and to add Section 1163 to, the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGESTSB 303, as introduced, Smallwood-Cuevas. Evidence: privileges and exclusions.(1) Existing law prescribes certain evidentiary privileges that apply to civil or criminal proceedings.This bill would provide that a public entity and public employee both have the privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts. The bill would define bias mitigation or elimination efforts as training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. The bill would prohibit the invocation of this privilege in a criminal proceeding.(2) Existing law enumerates specific evidence that is inadmissible in civil or criminal proceedings due to extrinsic policies.This bill would make evidence of a bias mitigation or elimination efforts relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, confidential and inadmissible in a civil proceeding for any purpose.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION |
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| 11 | 11 | | Senate Bill |
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| 13 | 13 | | No. 303 |
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| 15 | 15 | | Introduced by Senator Smallwood-CuevasFebruary 10, 2025 |
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| 16 | 16 | | |
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| 17 | 17 | | Introduced by Senator Smallwood-Cuevas |
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| 18 | 18 | | February 10, 2025 |
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| 20 | 20 | | An act to add Article 12 (commencing with Section 1064) to Chapter 4 of Division 8 of, and to add Section 1163 to, the Evidence Code, relating to evidence. |
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| 21 | 21 | | |
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| 22 | 22 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 25 | 25 | | |
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| 26 | 26 | | SB 303, as introduced, Smallwood-Cuevas. Evidence: privileges and exclusions. |
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| 28 | 28 | | (1) Existing law prescribes certain evidentiary privileges that apply to civil or criminal proceedings.This bill would provide that a public entity and public employee both have the privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts. The bill would define bias mitigation or elimination efforts as training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. The bill would prohibit the invocation of this privilege in a criminal proceeding.(2) Existing law enumerates specific evidence that is inadmissible in civil or criminal proceedings due to extrinsic policies.This bill would make evidence of a bias mitigation or elimination efforts relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, confidential and inadmissible in a civil proceeding for any purpose. |
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| 30 | 30 | | (1) Existing law prescribes certain evidentiary privileges that apply to civil or criminal proceedings. |
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| 32 | 32 | | This bill would provide that a public entity and public employee both have the privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts. The bill would define bias mitigation or elimination efforts as training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. The bill would prohibit the invocation of this privilege in a criminal proceeding. |
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| 34 | 34 | | (2) Existing law enumerates specific evidence that is inadmissible in civil or criminal proceedings due to extrinsic policies. |
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| 36 | 36 | | This bill would make evidence of a bias mitigation or elimination efforts relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, confidential and inadmissible in a civil proceeding for any purpose. |
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| 37 | 37 | | |
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| 38 | 38 | | ## Digest Key |
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| 40 | 40 | | ## Bill Text |
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| 42 | 42 | | The people of the State of California do enact as follows:SECTION 1. Article 12 (commencing with Section 1064) is added to Chapter 4 of Division 8 of the Evidence Code, to read: Article 12. Bias Mitigation1064. As used in this article, bias mitigation or elimination efforts means training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. Those strategies can include testing for bias, analyzing bias tests, conducting bias training, and tracking bias mitigation and elimination.1065. A public entity, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by a public employee.(b) A specific strategy developed to address a public employees bias.1066. A public employee, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to the employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by the public employee.(b) A specific strategy developed to address the public employees bias.1067. There is no privilege under this article in a criminal proceeding.SEC. 2. Section 1163 is added to the Evidence Code, to read:1163. (a) Evidence of bias mitigation or elimination efforts, as defined in Section 1064, relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, is confidential and shall be inadmissible for any purpose.(b) This section does not exclude the discovery or use of relevant evidence in a criminal action. |
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| 44 | 44 | | The people of the State of California do enact as follows: |
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| 46 | 46 | | ## The people of the State of California do enact as follows: |
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| 48 | 48 | | SECTION 1. Article 12 (commencing with Section 1064) is added to Chapter 4 of Division 8 of the Evidence Code, to read: Article 12. Bias Mitigation1064. As used in this article, bias mitigation or elimination efforts means training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. Those strategies can include testing for bias, analyzing bias tests, conducting bias training, and tracking bias mitigation and elimination.1065. A public entity, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by a public employee.(b) A specific strategy developed to address a public employees bias.1066. A public employee, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to the employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by the public employee.(b) A specific strategy developed to address the public employees bias.1067. There is no privilege under this article in a criminal proceeding. |
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| 50 | 50 | | SECTION 1. Article 12 (commencing with Section 1064) is added to Chapter 4 of Division 8 of the Evidence Code, to read: |
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| 52 | 52 | | ### SECTION 1. |
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| 54 | 54 | | Article 12. Bias Mitigation1064. As used in this article, bias mitigation or elimination efforts means training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. Those strategies can include testing for bias, analyzing bias tests, conducting bias training, and tracking bias mitigation and elimination.1065. A public entity, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by a public employee.(b) A specific strategy developed to address a public employees bias.1066. A public employee, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to the employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by the public employee.(b) A specific strategy developed to address the public employees bias.1067. There is no privilege under this article in a criminal proceeding. |
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| 56 | 56 | | Article 12. Bias Mitigation1064. As used in this article, bias mitigation or elimination efforts means training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. Those strategies can include testing for bias, analyzing bias tests, conducting bias training, and tracking bias mitigation and elimination.1065. A public entity, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by a public employee.(b) A specific strategy developed to address a public employees bias.1066. A public employee, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to the employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by the public employee.(b) A specific strategy developed to address the public employees bias.1067. There is no privilege under this article in a criminal proceeding. |
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| 58 | 58 | | Article 12. Bias Mitigation |
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| 60 | 60 | | Article 12. Bias Mitigation |
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| 62 | 62 | | 1064. As used in this article, bias mitigation or elimination efforts means training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. Those strategies can include testing for bias, analyzing bias tests, conducting bias training, and tracking bias mitigation and elimination. |
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| 66 | 66 | | 1064. As used in this article, bias mitigation or elimination efforts means training and education provided by a public employer that asks employees to understand, recognize, or acknowledge the influence of conscious and unconscious bias and implements strategies to mitigate the impact of such bias. Those strategies can include testing for bias, analyzing bias tests, conducting bias training, and tracking bias mitigation and elimination. |
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| 68 | 68 | | 1065. A public entity, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by a public employee.(b) A specific strategy developed to address a public employees bias. |
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| 72 | 72 | | 1065. A public entity, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to a public employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following: |
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| 74 | 74 | | (a) An assessment, admission, or acknowledgment of bias held by a public employee. |
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| 76 | 76 | | (b) A specific strategy developed to address a public employees bias. |
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| 78 | 78 | | 1066. A public employee, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to the employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following:(a) An assessment, admission, or acknowledgment of bias held by the public employee.(b) A specific strategy developed to address the public employees bias. |
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| 82 | 82 | | 1066. A public employee, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, information pertaining to the employees bias that was obtained through or as a result of bias mitigation or elimination efforts, including either of the following: |
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| 84 | 84 | | (a) An assessment, admission, or acknowledgment of bias held by the public employee. |
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| 86 | 86 | | (b) A specific strategy developed to address the public employees bias. |
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| 88 | 88 | | 1067. There is no privilege under this article in a criminal proceeding. |
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| 92 | 92 | | 1067. There is no privilege under this article in a criminal proceeding. |
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| 94 | 94 | | SEC. 2. Section 1163 is added to the Evidence Code, to read:1163. (a) Evidence of bias mitigation or elimination efforts, as defined in Section 1064, relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, is confidential and shall be inadmissible for any purpose.(b) This section does not exclude the discovery or use of relevant evidence in a criminal action. |
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| 96 | 96 | | SEC. 2. Section 1163 is added to the Evidence Code, to read: |
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| 98 | 98 | | ### SEC. 2. |
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| 100 | 100 | | 1163. (a) Evidence of bias mitigation or elimination efforts, as defined in Section 1064, relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, is confidential and shall be inadmissible for any purpose.(b) This section does not exclude the discovery or use of relevant evidence in a criminal action. |
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| 102 | 102 | | 1163. (a) Evidence of bias mitigation or elimination efforts, as defined in Section 1064, relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, is confidential and shall be inadmissible for any purpose.(b) This section does not exclude the discovery or use of relevant evidence in a criminal action. |
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| 104 | 104 | | 1163. (a) Evidence of bias mitigation or elimination efforts, as defined in Section 1064, relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, is confidential and shall be inadmissible for any purpose.(b) This section does not exclude the discovery or use of relevant evidence in a criminal action. |
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| 108 | 108 | | 1163. (a) Evidence of bias mitigation or elimination efforts, as defined in Section 1064, relating to a public employee, including the results of those efforts and any specific strategies developed to address the public employees bias conducted by or on behalf of a public entity, is confidential and shall be inadmissible for any purpose. |
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| 110 | 110 | | (b) This section does not exclude the discovery or use of relevant evidence in a criminal action. |
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