BILL NUMBER: AB 2068	ENROLLED
	BILL TEXT

	PASSED THE ASSEMBLY   AUGUST 20, 1996
	PASSED THE SENATE   AUGUST 14, 1996
	AMENDED IN SENATE   AUGUST 8, 1996
	AMENDED IN SENATE   JULY 11, 1996
	AMENDED IN SENATE   JUNE 24, 1996
	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
   (Coauthor:  Senator Lockyer)

                        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, 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 a declarant who is unavailable, as
specified, that purports to narrate, describe, or explain the
infliction or threat of physical injury upon the declarant by the
party against whom the statement is offered, and meets other
specified criteria.
  The bill would declare that it is to take effect immediately as an
urgency statute.


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


  SECTION 1.  It is the intent of the Legislature that enactment of
this statute shall not affect other evidentiary requirements,
including, but not limited to, Sections 351 and 352, shall not impair
a party's right to attack the credibility of the declarant pursuant
to Section 1202, shall not affect the defendant's right to discovery
for purposes of producing rebuttal evidence attacking the declarant's
credibility, and shall not be used in a manner inconsistent with the
defendant's right to due process and to confront witnesses under the
United States or California Constitution.
  SEC. 2.  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 the
infliction or threat of physical injury upon the declarant.
   (2) The declarant is unavailable as a witness pursuant to Section
240.
   (3)  The statement was made at or near the time of the infliction
or threat of physical injury.  Evidence of statements made more than
five years before the filing of the current action or proceeding
shall be inadmissible under this section.
   (4)  The statement was made under circumstances that would
indicate its trustworthiness.
   (5)  The statement was made in writing, was electronically
recorded, or made to a law enforcement official.
   (b) For purposes of paragraph (4) 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 declarant has a bias or motive for fabricating the
statement, and the extent of any bias or motive.
   (3) 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. 3.  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.