BILL NUMBER: AB 2723	CHAPTERED  06/30/02

	CHAPTER  92
	FILED WITH SECRETARY OF STATE  JUNE 30, 2002
	APPROVED BY GOVERNOR  JUNE 28, 2002
	PASSED THE SENATE  JUNE 20, 2002
	PASSED THE ASSEMBLY  APRIL 25, 2002
	AMENDED IN ASSEMBLY  APRIL 22, 2002

INTRODUCED BY   Assembly Member Washington

                        FEBRUARY 22, 2002

   An act to add Section 11440.45 to the Government Code, relating to
evidence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2723, Washington.  Evidence:  admissibility.
   Existing law provides for the inadmissibility of certain evidence
as a matter of public policy, including portions of statements,
writings, or benevolent gestures expressing sympathy or a general
sense of benevolence relating to the pain, suffering, or death of a
person involved in an accident and made to that person or to the
family of that person, which are inadmissible as evidence of an
admission of liability in a civil action.  However, a statement of
fault which is part of or in addition to any of the above is not
inadmissible.
   This bill would extend this rule of evidence to the admissibility
of evidence of an admission of liability in proceedings pursuant to
the Administrative Procedure Act.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11440.45 is added to the Government Code, to
read:
   11440.45.  (a) In any proceedings pursuant to this chapter or
Chapter 5 (commencing with Section 11500), the portion of statements,
writings, or benevolent gestures expressing sympathy or a general
sense of benevolence relating to the pain, suffering, or death of a
person involved in an accident and made to that person or to the
family of that person shall be inadmissible as evidence of an
admission of liability.  A statement of fault, however, which is part
of, or in addition to, any of the above shall not be inadmissible
pursuant to this section.
   (b) For purposes of this section:
   (1) "Accident" means an occurrence resulting in injury or death to
one or more persons which is not the result of willful action by a
party.
   (2) "Benevolent gestures" means actions which convey a sense of
compassion or commiseration emanating from humane impulses.
   (3) "Family" means the spouse, parent, grandparent, stepmother,
stepfather, child, grandchild, brother, sister, half brother, half
sister, adopted children of parent, or spouse's parents of an injured
party.