Bill Text: CA AB1958 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 1958 (Prior Session Legislation)

CA State Legislature page for AB1958

Introduced

Bill Title: Evidence: admissibility of statements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-05 - From committee without further action pursuant to Joint Rule 62(a). [AB1958 Detail]

Download: California-2013-AB1958-Introduced.html

BILL NUMBER: AB 1958	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 19, 2014

   An act to amend Section 1202 of the Evidence Code, relating to
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1958, as introduced, Maienschein. Evidence: admissibility of
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 also
provides exceptions to the hearsay rule to permit the admission of
specified kinds of evidence. Among other exceptions, evidence of a
statement or other conduct by a declarant that is inconsistent with a
statement by that declarant received in evidence as hearsay evidence
is not inadmissible for the purpose of attacking the credibility of
the declarant, as specified.
   This bill would prohibit a criminal defendant, for the purpose of
attacking his or her own credibility as a hearsay declarant, from
introducing evidence of a statement or other conduct that is
inconsistent with a statement made by the criminal defendant that has
been received in evidence as hearsay evidence.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1202 of the Evidence Code is amended to read:
   1202.   (a)    Evidence of a statement or other
conduct by a declarant that is inconsistent with a statement by
 such   that  declarant received in
evidence as hearsay evidence is not inadmissible for the purpose of
attacking the credibility of the declarant  even  though he
 or she  is not given and has not had an opportunity to
explain or to deny  such   the 
inconsistent statement or other conduct. Any other evidence offered
to attack or support the credibility of the declarant is admissible
if it would have been admissible had the declarant been a witness at
the hearing. For  the  purposes of this section, the
deponent of a deposition taken in the action in which it is offered
 shall be deemed to be   is  a hearsay
declarant. 
   (b) Notwithstanding subdivision (a), a criminal defendant is
prohibited, for the purpose of attacking his or her own credibility
as a hearsay declarant, from introducing evidence of a statement or
other conduct that is inconsistent with a statement made by the
criminal defendant that has been received in evidence as hearsay
evidence.