Scott Wiener's Bills

← All bills

SB 785 · 2017-18

Limits disclosure of immigration status in court

Official subject Evidence: immigration status.

Became law Chapter 12, Statutes of 2018

Plain-language summary

In criminal cases and civil cases other than personal injury or wrongful death, a party may not reveal a person's immigration status in open court. The party must first ask for a private (in camera) hearing. The judge then decides if the evidence is allowed. These rules end on January 1, 2022. The bill takes effect immediately.

How these summaries are written

Subject changed

This bill originally dealt with consumer protection law for firearms and ammunition; it was rewritten to cover immigration status in court.

Official summary · Legislative Counsel's Digest

Describes the final version (Chaptered, May 17, 2018).

Read the official summary (5 paragraphs)

Existing law provides that all relevant evidence is admissible in an action before the court, including evidence relevant to the credibility of a witness or hearsay declaring, subject to specified exceptions. Existing law also provides that, in civil actions for personal injury or wrongful death, evidence of a person’s immigration status is not admissible and discovery of a person’s immigration status is not permitted.

In civil actions other than those specified above, this bill would prohibit the disclosure of a person’s immigration status in open court by a party unless that party requests an in camera hearing and the presiding judge determines that the evidence is admissible. This bill would apply this prohibition to criminal actions. The provisions of the bill would be repealed on January 1, 2022.

The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

Because this bill may exclude from a criminal action information about a person’s immigration status that would otherwise be admissible, it requires a 2/3 vote of the Legislature.

This bill would declare that it is to take effect immediately as an urgency statute.

Official title

An act to add and repeal Sections 351.3 and 351.4 of the Evidence Code, relating to evidence, and declaring the urgency thereof, to take effect immediately.

Timeline

  1. Feb. 17, 2017 Introduced
  2. Aug. 28, 2017 Passed Senate 32 yes, 7 no
  3. April 30, 2018 Passed Assembly 69 yes, 1 no
  4. May 15, 2018 Enrolled and sent to the Governor
  5. May 17, 2018 Signed by the Governor
  6. May 17, 2018 Chaptered (became law)
Full official history (30 actions)
  1. Feb. 17, 2017 Introduced: Introduced. Read first time. To Com. on RLS. for assignment. To print.
  2. Feb. 21, 2017 From printer. May be acted upon on or after March 23.
  3. March 9, 2017 Referred to Coms. on JUD. and APPR.
  4. May 4, 2017 From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
  5. May 8, 2017 Re-referred to Com. on RLS.
  6. May 8, 2017 Withdrawn from committee.
  7. May 10, 2017 Re-referred to Coms. on PUB. S. and JUD.
  8. May 11, 2017 Set for hearing May 16.
  9. May 22, 2017 From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 5. Noes 2. Page 1093.) (May 16).
  10. May 23, 2017 Read second time and amended. Re-referred to Com. on JUD.
  11. June 29, 2017 Set for hearing July 18.
  12. July 10, 2017 From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
  13. Aug. 21, 2017 From committee: Do pass as amended. (Ayes 5. Noes 1. Page 2114.) (July 18).
  14. Aug. 22, 2017 Read second time and amended. Ordered to third reading.
  15. Aug. 28, 2017 Passed Senate: Read third time. Urgency clause adopted. Passed. (Ayes 32. Noes 7. Page 2260.) Ordered to the Assembly.
  16. Aug. 28, 2017 In Assembly. Read first time. Held at Desk.
  17. Sept. 5, 2017 Referred to Coms. on PUB. S. and JUD.
  18. March 6, 2018 March 6 hearing postponed by committee.
  19. March 12, 2018 From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.
  20. March 21, 2018 From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March 20). Re-referred to Com. on JUD.
  21. April 2, 2018 April 3 set for first hearing canceled at the request of author.
  22. April 19, 2018 From committee: Do pass as amended. (Ayes 10. Noes 0.) (April 17).
  23. April 23, 2018 Read second time and amended. Ordered to second reading.
  24. April 24, 2018 Read second time. Ordered to third reading.
  25. April 30, 2018 Passed Assembly: Read third time. Urgency clause adopted. Passed. (Ayes 69. Noes 1. Page 4940.) Ordered to the Senate.
  26. April 30, 2018 In Senate. Concurrence in Assembly amendments pending.
  27. May 10, 2018 Assembly amendments concurred in. (Ayes 31. Noes 6. Page 5006.) Ordered to engrossing and enrolling.
  28. May 15, 2018 Enrolled and sent to the Governor: Enrolled and presented to the Governor at 1 p.m.
  29. May 17, 2018 Signed by the Governor: Approved by the Governor.
  30. May 17, 2018 Chaptered (became law): Chaptered by Secretary of State. Chapter 12, Statutes of 2018.