BILL NUMBER: AB 593	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 22, 2015
	PASSED THE ASSEMBLY  APRIL 13, 2015

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 24, 2015

   An act to amend Section 1390 of the Evidence Code, relating to
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 593, Levine. Hearsay: admissibility of statements.
   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. Existing law provides 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, as specified. Existing law would
repeal this exception on January 1, 2016.
   This bill would delete the January 1, 2016, repeal date for these
provisions, thereby extending the hearsay exemption into perpetuity.



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

  SECTION 1.  Section 1390 of the Evidence Code is amended to read:
   1390.  (a) Evidence of a statement is not made inadmissible by the
hearsay rule if the statement is offered against a party that has
engaged, or aided and abetted, in the wrongdoing that was intended
to, and did, procure the unavailability of the declarant as a
witness.
   (b) (1) The party seeking to introduce a statement pursuant to
subdivision (a) shall establish, by a preponderance of the evidence,
that the elements of subdivision (a) have been met at a foundational
hearing.
   (2) The hearsay evidence that is the subject of the foundational
hearing is admissible at the foundational hearing. However, a finding
that the elements of subdivision (a) have been met shall not be
based solely on the unconfronted hearsay statement of the unavailable
declarant, and shall be supported by independent corroborative
evidence.
   (3) The foundational hearing shall be conducted outside the
presence of the jury. However, if the hearing is conducted after a
jury trial has begun, the judge presiding at the hearing may consider
evidence already presented to the jury in deciding whether the
elements of subdivision (a) have been met.
   (4) In deciding whether or not to admit the statement, the judge
may take into account whether it is trustworthy and reliable.
   (c) This section shall apply to any civil, criminal, or juvenile
case or proceeding initiated or pending as of January 1, 2011.