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:
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.
Section 351.2 is added to the Evidence Code, to
5read:
begin deleteIn end deletebegin insert(a)end insertbegin insert end 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.
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.
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