California 2023-2024 Regular Session Status: To Executive 1 R cosponsors

SB 804 — Criminal procedure: hearsay testimony at preliminary hearings.

Last action — In Senate. Consideration of Governor's veto pending.

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

This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Vetoed by Governor Gavin Newsom (Democratic) on September 20, 2024.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

The California Constitution allows hearsay testimony at preliminary hearings as prescribed by the Legislature. Existing law authorizes a law enforcement officer with either 5 years of law enforcement experience or training in the investigation and reporting of cases and testifying at preliminary hearings to testify to the out-of-court statements of declarants offered for the truth of the matter asserted. This bill would additionally authorize a law enforcement civilian, as described, to testify to the out-of-court statements of declarants offered for the truth of the matter asserted. The bill would, declarative of existing law, state that any perjured testimony given by either a peace officer or a civilian employee is subject to disclosure as impeachment evidence to the extent required under law.

Bill Text

Action History

  1. In Senate. Consideration of Governor's veto pending.

  2. Vetoed 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. Passed. (Ayes 46. Noes 7. Page 6444.) Ordered to the Senate.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 5. Noes 0.) (July 2).

  8. Referred to Com. on PUB. S.

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

  10. Read third time. Passed. (Ayes 32. Noes 2. Page 3047.) Ordered to the Assembly.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 3. Noes 0. Page 2959.) (January 9).

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

  14. Set for hearing January 9.

  15. April 18 set for first hearing. Failed passage in committee. (Ayes 2. Noes 2. Page 803.) Reconsideration granted.

  16. Set for hearing April 18.

  17. Referred to Com. on PUB S.

  18. From printer. May be acted upon on or after March 20.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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 804 Dahle Senate Third Reading By Alanis

Passed 46 Yea · 7 Nay · 26 Other
Party YeaNayPresentNot Voting
Republican 13001
Democratic 225020
Unaffiliated 11205
Total 467026
% of votes cast 58%9%0%33%
How each member voted (79)
Member Party Vote
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
McCarty — Yea
Wood — Yea
Waldron — Yea
Santiago — Yea
Jones-Sawyer — Nay
Rendon — Nay
Holden — Not Voting
Friedman — Not Voting
Low — Not Voting
Mathis — Yea
Maienschein — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Luz Rivas — Not Voting
Wendy Carrillo — Not Voting
Addis, Dawn Democratic Not Voting
Aguiar-Curry, Cecilia M. Democratic Not Voting
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Not Voting
Bonta, Mia Democratic Not Voting
Bryan, Isaac G. Democratic Nay
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Connolly, Damon Democratic Not Voting
Fong, Mike Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Not Voting
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Not Voting
Jackson, Corey A. Democratic Nay
Kalra, Ash Democratic Nay
Lee, Alex Democratic Nay
Lowenthal, Josh Democratic Not Voting
McKinnor, Tina Democratic Not Voting
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Not Voting
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Not Voting
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Not Voting
Wicks, Buffy Democratic Not Voting
Wilson, Lori D. Democratic Not Voting
Zbur, Rick Chavez Democratic Nay
Alanis, Juan Republican Yea
Chen, Phillip Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Dixon, Diane Republican Yea
Essayli, Bill Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Hoover, Josh Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea
Sanchez, Kate Republican Yea
Ta, Tri Republican Yea
Wallis, Greg Republican Yea

Official roll call →

3rd Reading

Passed 32 Yea · 2 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 15205
Unaffiliated 10001
Republican 7000
Total 32206
% of votes cast 80%5%0%15%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Wilk — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Not Voting
Durazo, Maria Elena Democratic Nay
Gonzalez, Lena A. Democratic Not Voting
Hurtado, Melissa Democratic Yea
Laird, John Democratic Not Voting
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Nay
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Not Voting
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea
Seyarto, Kelly Republican Yea

Official roll call →

Do pass

Passed 3 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 1001
Democratic 1001
Republican 1000
Total 3002
% of votes cast 60%0%0%40%
How each member voted (5)
Member Party Vote
Bradford — Yea
Skinner — Not Voting
Wahab, Aisha Democratic Not Voting
Wiener, Scott D. Democratic Yea
Seyarto, Kelly Republican Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does SB 804 do?
The California Constitution allows hearsay testimony at preliminary hearings as prescribed by the Legislature. Existing law authorizes a law enforcement officer with either 5 years of law enforcement experience or training in the investigation and reporting of cases and testifying at preliminary hearings to testify to the out-of-court statements of declarants offered for the truth of the matter asserted. This bill would additionally authorize a law enforcement civilian, as described, to testify to the out-of-court statements of declarants offered for the truth of the matter asserted. The bill would, declarative of existing law, state that any perjured testimony given by either a peace officer or a civilian employee is subject to disclosure as impeachment evidence to the extent required under law.
Who sponsors SB 804?
SB 804 is sponsored by Dahle, Megan (Republican).
What is the current status of SB 804?
This bill died with 2023-2024 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 804?
Track SB 804 free on One Click Politics — get push/email alerts when it moves.

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