BILL NUMBER: AB 2068	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 17, 1996
	AMENDED IN ASSEMBLY   APRIL 18, 1996
	AMENDED IN ASSEMBLY   APRIL 9, 1996
	AMENDED IN ASSEMBLY   FEBRUARY 21, 1996

INTRODUCED BY  Assembly Member Richter

                        JANUARY 12, 1996

   An act to add Article 17 (commencing with Section 1370) to Chapter
2 of Division 10 of the Evidence Code, relating to hearsay, and
declaring the urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2068, as amended, Richter.  Hearsay:  exceptions.
   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.  Several exceptions
to the hearsay rule permit the admission of certain kinds of such
evidence, including dying declarations, declarations against
interest, and statements of the declarant's then existing mental or
physical state if offered for specified purposes.
   This bill would create a new exception to the hearsay rule for
evidence of a statement, made by  an unavailable 
 a  declarant  who is unavailable as a result of any
action by the party against whom the statement is offered  ,
that purports to narrate, describe, or explain  an act,
condition, or event purportedly perceived by the declarant where that
act, condition, or event is  the infliction or threat of
physical harm  , as specified,  upon the declarant
by the party against whom the statement is offered.   The
bill would also prohibit the admission of the evidence under certain
conditions. 
   The bill would declare that it is to take effect immediately as an
urgency statute.
   Vote:  2/3.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


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


  SECTION 1.  Article 17 (commencing with Section 1370) is added to
Chapter 2 of Division 10 of the Evidence Code, to read:

      Article 17.  Physical Abuse

   1370.  (a) Evidence of a statement by a declarant is not made
inadmissible by the hearsay rule if all of the following conditions
are met:  
   (1) The statement purports to narrate, describe, or explain an
act, condition, or event purportedly perceived by the declarant.
   (2) The act, condition, or event referred to in paragraph (1) is
the past, present, or future infliction or threat of physical harm
upon the declarant by the party against whom the statement is
offered.
   (3) The declarant is unavailable as a witness.
   (b) Evidence of a statement is inadmissible under this section if
the statement was made under circumstances that would indicate its
lack of trustworthiness.
   (c) Evidence of a statement is inadmissible under this section
unless the proponent of the evidence makes known to the adverse party
the intention to offer the evidence of the statement and the
circumstances concerning the statement sufficiently in advance of the
proceedings in order to provide the adverse party with a fair
opportunity to prepare to meet the evidence.  
   (1) The statement purports to narrate, describe, or explain the
infliction or threat of physical harm upon the declarant by the party
against whom the statement is offered.
   (2) The declarant is unavailable as a result of any action by the
party against whom the statement is offered.
   (3) There is no evidence that the unavailability of the declarant
was caused by, aided by, solicited by, or procured on behalf of, the
party who is offering the statement.
   (4) The infliction or threat of physical harm is not remote, under
the entirety of the circumstances, to when the declarant made the
statement.
   (5) The statement was made under circumstances that would indicate
its trustworthiness.
   (b) For purposes of paragraph (5) of subdivision (a),
circumstances relevant to the issue of trustworthiness include, but
are not limited to, the following:
   (1) Whether the statement was made in contemplation of pending or
anticipated litigation in which the declarant was interested.
   (2) Whether the party against whom the statement is offered has
previously committed a crime of violence against the declarant.
   (3) Whether the declarant has a bias or motive for fabricating the
statement, and the extent of any bias or motive.
   (4) Whether the statement is corroborated by evidence other than
statements that are admissible only pursuant to this section.
   (c) A statement is admissible pursuant to this section only if the
proponent of the statement makes known to the adverse party the
intention to offer the statement and the particulars of the statement
sufficiently in advance of the proceedings in order to provide the
adverse party with a fair opportunity to prepare to meet the
statement. 
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to permit the admission of important evidence in various
civil and criminal proceedings as soon as possible, it is necessary
that this act take effect immediately.