California 2017-2018 Regular Session Status: Enacted

AB 1736 — Evidence: hearsay: prior inconsistent statements.

Last action — Chaptered by Secretary of State - Chapter 64, Statutes of 2018.

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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 January 03, 2018. Enacted.

Prognosis

Likely to advance 70% · 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.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 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, 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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met. This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met. Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 64, Statutes of 2018.

  2. Approved by the Governor.

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

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4825.).

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 7. Noes 0.) (May 15).

  8. Referred to Com. on PUB. S.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 67. Noes 0. Page 4066.)

  11. Read second time. Ordered to Consent Calendar.

  12. Read second time and amended. Ordered returned to second reading.

  13. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 9. Noes 0.) (February 13).

  14. Referred to Com. on JUD.

  15. From printer. May be heard in committee February 3.

  16. Read first time. To print.

Sponsors

  • Cunningham · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Cunningham

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

3rd Reading AB1736 Cunningham By Wiener

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 31003
Democratic 5000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Anderson — Yea
Beall — Yea
Lara — Yea
Newman — Not Voting
Pan — Yea
Wilk — Yea
Fuller — Yea
Allen — Yea
Cannella — Yea
De León — Yea
Dodd — Yea
Portantino — Yea
Atkins — Yea
Mitchell — Yea
Galgiani — Yea
Glazer — Yea
Bates — Yea
Bradford — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Skinner — Yea
Vidak — Yea
Wieckowski — Not Voting
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Bradford — Yea
Skinner — Yea
Mitchell — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1736 CUNNINGHAM Consent Calendar Second Day

Passed 67 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 49007
Democratic 13002
Republican 5001
Total 670010
% of votes cast 87%0%0%13%
How each member voted (77)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Not Voting
Bloom — Yea
Brough — Yea
Levine — Yea
Mathis — Yea
Nazarian — Not Voting
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Eggman — Not Voting
Cooley — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Friedman — Yea
Gloria — Yea
Harper — Yea
Holden — Yea
Rubio — Yea
Kiley — Yea
Salas — Yea
Low — Yea
Burke — Yea
Fong — Yea
Gray — Yea
Maienschein — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
McCarty — Yea
Medina — Yea
Melendez — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooper — Yea
O'Donnell — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Jones-Sawyer — Not Voting
Mullin — Not Voting
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Not Voting
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Subjects

public-safety 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 AB 1736 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 provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met. This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met. Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.
Who sponsors AB 1736?
AB 1736 is sponsored by Cunningham.
What is the current status of AB 1736?
This bill has been enacted into law. Introduced January 03, 2018. Enacted.
Where can I track AB 1736?
Track AB 1736 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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