California 2009-2010 Regular Session Status: To Executive

SB 1041 — Hearsay evidence: wills and revocable trusts.

Last action — Chaptered by Secretary of State. Chapter 106, Statutes of 2010.

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

This bill died with 2009-2010 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.

This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

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, including evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not made a will, or has or has not revoked his or her will, or that identifies his or her will. This bill would expand that exception to the hearsay rule to permit the admission of evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not established or amended a revocable trust, or has or has not revoked his or her revocable trust or an amendment to a revocable trust, or that identifies his or her revocable trust or an amendment to a revocable trust.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 106, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 2 p.m.

  4. In Senate. To enrollment.

  5. Read third time. Passed. (Ayes 73. Noes 0. Page 5853.) To Senate.

  6. Read second time. To Consent Calendar.

  7. (Heard in committee on June 22.)

  8. From committee: Do pass. To Consent Calendar. (Ayes 10. Noes 0.)

  9. Hearing postponed by committee.

  10. To Com. on JUD.

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

  12. Read third time. Passed. (Ayes 33. Noes 0. Page 3542.) To Assembly.

  13. To Special Consent Calendar.

  14. Read second time. Amended. To third reading.

  15. From committee: Do pass as amended. (Ayes 4. Noes 0. Page 3444.)

  16. Set for hearing May 4.

  17. To Com. on JUD.

  18. From print. May be acted upon on or after March 15.

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

Sponsors

  • Harman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Harman

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 1041 Harman Consent Calendar Second Day Regular Session

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 78007
Democratic 3000
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
Charles — Yea
De — Yea
La — Yea
Ammiano — Yea
Beall — Yea
Davis — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
DeVore — Yea
Evans — Yea
Bonnie — Not Voting
Lowenthal — Not Voting
Fuentes — Yea
Fuller — Yea
Blakeslee — Not Voting
Galgiani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Harkey — Yea
Hayashi — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Jeffries — Yea
Lieu — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Not Voting
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Knight — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Feuer — Yea
Yamada — Yea
Furutani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Hagman — Yea
Evans — Yea
Feuer — Yea
Brownley — Yea
Saldana — Yea
Knight — Yea
Monning — Yea
Huffman — Yea
Tran — Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #24 SB1041 Harman

Passed 34 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 31005
Democratic 2000
Republican 1000
Total 34005
% of votes cast 87%0%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Florez — Yea
Cogdill — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
McLeod — Yea
Ashburn — Not Voting
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Not Voting
Romero — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wright — Not Voting
Aanestad — Yea
Alquist — Yea
Simitian — Yea
Wolk — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Corbett — Yea
Leno — Yea
Walters — Not Voting

Official roll call →

Subjects

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 1041 do?
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, including evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not made a will, or has or has not revoked his or her will, or that identifies his or her will. This bill would expand that exception to the hearsay rule to permit the admission of evidence of a statement made by a declarant who is unavailable as a witness that he or she has or has not established or amended a revocable trust, or has or has not revoked his or her revocable trust or an amendment to a revocable trust, or that identifies his or her revocable trust or an amendment to a revocable trust.
Who sponsors SB 1041?
SB 1041 is sponsored by Harman.
What is the current status of SB 1041?
This bill died with 2009-2010 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 1041?
Track SB 1041 free on One Click Politics — get push/email alerts when it moves.

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