California 2009-2010 Regular Session Status: Enacted

AB 1723 — Evidence: admissibility of statements.

Last action — Chaptered by Secretary of State - Chapter 537, Statutes of 2010.

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

This bill has been enacted into law. Introduced February 03, 2010. Enacted.

Prognosis

Likely to advance 72% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 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

(1) Existing law defines "unavailable as a witness," for purposes of the Evidence Code, to mean that the declarant is, among other things, exempted or precluded on the ground of privilege, disqualified, dead, or absent for a specified reason. This bill would supplement that definition to add the circumstance that the declarant is persistent in refusing to testify concerning the subject matter of the declarant's statement despite having been found in contempt for refusal to testify. (2) 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. This bill would provide, until January 1, 2016, that evidence of a statement that is offered against a party who has engaged, or aided and abetted, in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness is not made inadmissible by the hearsay rule. The bill would require the party seeking to introduce a statement to establish, by a preponderance of the evidence, that the elements of this provision have been met at a foundational hearing, as specified. These provisions would apply to any civil, criminal, or juvenile case or proceeding initiated or pending as of January 1, 2011.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 537, Statutes of 2010.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 2:50 p.m.

  4. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 0. Page 6218.)

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 13 pursuant to Assembly Rule 77.

  6. Read third time, passed, and to Assembly. (Ayes 31. Noes 0. Page 4459.)

  7. Read second time and amended. Ordered to third reading.

  8. From committee: Amend, and do pass as amended. (Ayes 6. Noes 1.) (June 29).

  9. In committee: Testimony taken. Further hearing to be set.

  10. Referred to Com. on PUB. S.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time, passed, and to Senate. (Ayes 73. Noes 0. Page 4794.)

  13. Read second time. To third reading.

  14. From committee: Do pass. (Ayes 10. Noes 0.) (April 13).

  15. Re-referred to Com. on JUD.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  17. In committee: Set, first hearing. Hearing canceled at the request of author.

  18. In committee: Hearing postponed by committee.

  19. In committee: Hearing postponed by committee.

  20. Referred to Com. on JUD.

  21. From printer. May be heard in committee March 6.

  22. Read first time. To print.

Sponsors

  • Emmerson · Cosponsor
  • Lieu · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Lieu

Co-sponsors (1)

  • Emmerson

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 1723 LIEU Concurrence in Senate Amendments

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 2001
Republican 3000
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Galgiani — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hill — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Block — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Mendoza — Yea
Bass — Not Voting
Miller — Yea
Nava — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Yea
Adams — Yea
Beall — Yea
Blakeslee — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Tran — Yea
Coto — Yea
Eng — Yea
Evans — Yea
Davis — Not Voting
DeVore — Yea
Yamada — Yea
Fuller — Yea
Garrick — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB1723 Lieu By Emmerson

Passed 31 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Republican 1000
Democratic 1001
Total 31008
% of votes cast 79%0%0%21%
How each member voted (39)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Florez — Yea
Hancock — Yea
Hollingsworth — Yea
Kehoe — Yea
Lowenthal — Yea
Runner — Yea
Negrete — Not Voting
Ducheny — Yea
Alquist — Yea
Ashburn — Yea
Dutton — Yea
Liu — Not Voting
McLeod — Not Voting
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Walters — Not Voting
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Harman — Yea
Huff — Yea
Leno — Yea
Romero — Not Voting
Simitian — Yea
Steinberg — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Not Voting
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6100
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Hancock — Yea
Cedillo — Nay
Cogdill — Yea
Huff — Yea
Leno — Yea
Steinberg — Yea
Wright — Yea

Official roll call →

AB 1723 LIEU Assembly Third Reading

Passed 85 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 80005
Democratic 2001
Republican 3000
Total 85006
% of votes cast 93%0%0%7%
How each member voted (91)
Member Party Vote
Hagman — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuller — Yea
Furutani — Yea
Charles — Yea
Garrick — Yea
Gilmore — Yea
Hall — Yea
Harkey — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Hernandez — Yea
Fletcher — Yea
Fong — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Hill — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Huffman — Not Voting
Logue — Not Voting
Mendoza — Yea
Monning — Not Voting
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Beall — Yea
Block — Yea
Blumenfield — Not Voting
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Not Voting
Jeffries — Yea
Knight — Yea
Lieu — Yea
Ma — Yea
Miller — Yea
Nestande — Yea
Nielsen — Yea
Villines — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Hagman — Yea
Feuer — Yea
Hill — Yea
Huffman — Yea
Knight — Yea
Monning — Yea
Nava — Yea
Skinner — Yea
Tran — Yea
Brownley — Yea

Official roll call →

Subjects

public-safety
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Frequently asked questions

What does AB 1723 do?
(1) Existing law defines "unavailable as a witness," for purposes of the Evidence Code, to mean that the declarant is, among other things, exempted or precluded on the ground of privilege, disqualified, dead, or absent for a specified reason. This bill would supplement that definition to add the circumstance that the declarant is persistent in refusing to testify concerning the subject matter of the declarant's statement despite having been found in contempt for refusal to testify. (2) 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. This bill would provide, until January 1, 2016, that evidence of a statement that is offered against a party who has engaged, or aided and abetted, in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness is not made inadmissible by the hearsay rule. The bill would require the party seeking to introduce a statement to establish, by a preponderance of the evidence, that the elements of this provision have been met at a foundational hearing, as specified. These provisions would apply to any civil, criminal, or juvenile case or proceeding initiated or pending as of January 1, 2011.
Who sponsors AB 1723?
AB 1723 is sponsored by Emmerson and Lieu.
What is the current status of AB 1723?
This bill has been enacted into law. Introduced February 03, 2010. Enacted.
Where can I track AB 1723?
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