California 2021-2022 Regular Session Status: Enacted 3 D cosponsors

SB 836 — Evidence: immigration status.

Last action — Chaptered by Secretary of State. Chapter 168, Statutes of 2022.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 06, 2022. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 Prior law, which was repealed on January 1, 2022, prohibited, in civil actions other than those specified above, the disclosure of a person's immigration status in open court by a party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 Prior law, which was repealed on January 1, 2022, applied that prohibition to criminal actions. This bill would reenact those repealed provisions.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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 168, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Urgency clause adopted. Passed. (Ayes 71. Noes 0. Page 5750.) Ordered to the Senate.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 9. Noes 0.) (June 8).

  8. Coauthors revised.

  9. From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (June 1). Re-referred to Com. on JUD.

  10. Coauthors revised.

  11. Referred to Coms. on PUB. S. and JUD.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Urgency clause adopted. Passed. (Ayes 28. Noes 0. Page 3579.) Ordered to the Assembly.

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 9. Noes 0. Page 3254.) (March 29).

  16. Set for hearing March 29.

  17. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 0. Page 3049.) (March 8). Re-referred to Com. on JUD.

  18. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  19. Set for hearing March 8.

  20. Referred to Coms. on PUB. S. and JUD.

  21. From printer. May be acted upon on or after February 6.

  22. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SB 836 Wiener Third Reading Urgency By Kalra

Passed 71 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Democratic 31001
Unaffiliated 34005
Republican 6003
Total 71009
% of votes cast 89%0%0%11%
How each member voted (80)
Member Party Vote
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
O'Donnell — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Cunningham — Yea
Cooper — Yea
Smith — Not Voting
Voepel — Not Voting
Waldron — Not Voting
Kiley — Not Voting
Bigelow — Not Voting
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Rendon — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Not Voting
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Not Voting

Do pass.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Democratic 4000
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Bloom — Yea
Maienschein — Yea
Cooley — Yea
Cunningham — Yea
Kiley — Not Voting
Haney, Matt Democratic Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Davies, Laurie Republican Yea

3rd Reading (Urgency Clause)

Passed 28 Yea · 0 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 16007
Democratic 12001
Republican 0004
Total 280012
% of votes cast 70%0%0%30%
How each member voted (40)
Member Party Vote
Leyva — Yea
Atkins — Yea
Skinner — Yea
Gonzalez — Yea
Min — Yea
Roth — Yea
Bradford — Yea
Wieckowski — Yea
Glazer — Yea
Hueso — Yea
Newman — Yea
Dodd — Yea
Hertzberg — Yea
Rubio — Yea
Eggman — Yea
Portantino — Yea
Nielsen — Not Voting
Kamlager — Not Voting
Pan — Not Voting
Wilk — Not Voting
Bates — Not Voting
Melendez — Not Voting
Borgeas — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Not Voting
Ochoa Bogh, Rosilicie Republican Not Voting

Do pass

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 3001
Republican 0001
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Wieckowski — Yea
Hertzberg — Yea
Gonzalez — Yea
Borgeas — Not Voting
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Not Voting

Subjects

immigration civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 836 do?
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.
Who sponsors SB 836?
SB 836 is sponsored by Rubio, Susan (Democratic), Wiener, Scott D. (Democratic), Haney, and Kalra, Ash (Democratic).
What is the current status of SB 836?
This bill has been enacted into law. Introduced January 06, 2022. Enacted.
Where can I track SB 836?
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