Amended in Assembly March 31, 2016

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 amended, 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 alsobegin delete express the intent of the Legislatureend deletebegin insert provideend insert that these restrictions do not affect thebegin delete rights or obligations of a personend deletebegin insert standards of relevance, admissibility, or discoveryend insert 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:

begin delete
P1    1

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
P2    1of the Government Code, Section 24000 of the Health and Safety
2Code, or Section 1171.5 of the Labor Code.

end delete
3

begin deleteSEC. 2.end delete
4
begin insertSECTION 1.end insert  

Section 351.2 is added to the Evidence Code, to
5read:

6

351.2.  

begin deleteIn end deletebegin insert(a)end insertbegin insertend insertbegin insertIn end inserta civil action for personal injury or wrongful
7death, evidence of a person’s immigration status shall not be
8admitted into evidence, nor shall discovery into a person’s
9immigration status be permitted.

begin insert

10
(b) This section does not affect the standards of relevance,
11admissibility, or discovery prescribed by Section 3339 of the Civil
12Code, Section 7285 of the Government Code, Section 24000 of the
13Health and Safety Code, and Section 1171.5 of the Labor Code.

end insert


O

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