California Legislature—2015–16 Regular Session

Assembly BillNo. 2159


Introduced by Assembly Members Gonzalez and Bonta

(Coauthor: Assembly Member Medina)

February 17, 2016


An act to add Section 351.2 to the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 2159, as introduced, Gonzalez. Evidence: immigration status.

Existing law provides that all relevant evidence is admissible in an action before the court, including evidence relevant to the credibility of a witness or hearsay declarant, subject to specified exceptions.

This bill would provide that, in civil actions for personal injury or wrongful death, evidence of a person’s immigration status is not admissible and discovery of a person’s immigration status is not permitted. The bill would also express the intent of the Legislature that these restrictions do not affect the rights or obligations of a person under other specified provisions of law.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

The Legislature finds and declares that Section
2351.2 of the Evidence Code does not affect the rights or obligations
3of a person under Section 3339 of the Civil Code, Section 7285
4of the Government Code, Section 24000 of the Health and Safety
5Code, or Section 1171.5 of the Labor Code.

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SEC. 2.  

Section 351.2 is added to the Evidence Code, to read:

2

351.2.  

In a civil action for personal injury or wrongful death,
3evidence of a person’s immigration status shall not be admitted
4into evidence, nor shall discovery into a person’s immigration
5status be permitted.



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