Bill Text: CA AB2156 | 2011-2012 | Regular Session | Amended

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Bill Title: Evidence: admissibility of statements: hearsay rule.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-08 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2156 Detail]

Download: California-2011-AB2156-Amended.html

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BILL NUMBER: AB 2156	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 23, 2012

   An act to  amend Section 1200 of   add
Section 1273 to  the Evidence Code, relating to evidence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2156, as amended, Wagner. Evidence: admissibility of
statements: hearsay rule.
   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.
   This bill would  make technical, nonsubstantive changes to
those provisions   specify that evidence of a record,
which meets certain requirements relating to the subpoena of business
records, that is received by an investigating officer pursuant to a
search warrant or subpoena is not made inadmissible by the  
hearsay rule against the defendant at a preliminary hearing in a
criminal action  .
   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 1273 is added to the  
Evidence Code   , to read:  
   1273.  Evidence of a record, which complies with Section 1560,
that is received by an investigating officer pursuant to a search
warrant or subpoena is not made inadmissible by the hearsay rule
against the defendant at a preliminary hearing in a criminal action.
 
  SECTION 1.    Section 1200 of the Evidence Code is
amended to read:
   1200.  (a) "Hearsay evidence" is 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.
   (b) Except as provided by law, hearsay evidence is inadmissible.
   (c) This section shall be known, and may be cited, as the hearsay
rule.