Restores limits on immigration status evidence in court

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.

Prior law, which was repealed on January 1, 2022, prohibited, in civil actions other than those specified above, the disclosure of a person’s immigration status in open court by a party unless that party requested an in camera hearing and the presiding judge determined that the evidence was admissible. Prior law, which was repealed on January 1, 2022, applied that prohibition to criminal actions.

This bill would reenact those repealed provisions.

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.