BILL NUMBER: AB 2804	CHAPTERED  07/24/00

	CHAPTER   195
	FILED WITH SECRETARY OF STATE   JULY 24, 2000
	APPROVED BY GOVERNOR   JULY 21, 2000
	PASSED THE SENATE   JULY 6, 2000
	PASSED THE ASSEMBLY   MAY 18, 2000
	AMENDED IN ASSEMBLY   MAY 4, 2000
	AMENDED IN ASSEMBLY   MARCH 30, 2000

INTRODUCED BY   Assembly Member Papan
   (Coauthor:  Assembly Member Shelley)

                        FEBRUARY 28, 2000

   An act to add Section 1160 to the Evidence Code, relating to
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2804, Papan.  Evidence:  admissibility.
   Existing law provides for the inadmissibility of certain evidence
as a matter of public policy.
   This bill would provide that portions of statements, writings, or
benevolent gestures expressing sympathy or a general sense of
benevolence relating to the pain, suffering, or death of a person
involved in an accident and made to that person or to the family of
that person shall be inadmissible as evidence of an admission of
liability in a civil action, and would set forth specified
definitions.  However, a statement of fault which is part of or in
addition to any of the above would not be inadmissible.


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


  SECTION 1.  Section 1160 is added to the Evidence Code, to read:
   1160.  (a) The portion of statements, writings, or benevolent
gestures expressing sympathy or a general sense of benevolence
relating to the pain, suffering, or death of a person involved in an
accident and made to that person or to the family of that person
shall be inadmissible as evidence of an admission of liability in a
civil action.  A statement of fault, however, which is part of, or in
addition to, any of the above shall not be inadmissible pursuant to
this section.
   (b) For purposes of this section:
   (1) "Accident" means an occurrence resulting in injury or death to
one or more persons which is not the result of willful action by a
party.
   (2) "Benevolent gestures" means actions which convey a sense of
compassion or commiseration emanating from humane impulses.
   (3) "Family" means the spouse, parent, grandparent, stepmother,
stepfather, child, grandchild, brother, sister, half brother, half
sister, adopted children of parent, or spouse's parents of an injured
party.