BILL NUMBER: SB 1041	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Harman

                        FEBRUARY 12, 2010

   An act to amend Section 1260 of the Evidence Code, relating to
hearsay evidence.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1041, as introduced, Harman. Hearsay evidence: wills and
revocable trusts.
   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. Existing law also
provides exceptions to the hearsay rule to permit the admission of
specified kinds of evidence, including evidence of a statement made
by a declarant who is unavailable as a witness that he or she has or
has not made a will, or has or has not revoked his or her will, or
that identifies his or her will.
   This bill would provide that evidence of a statement made by a
declarant who is unavailable as a witness that he or she has or has
not made a will or established a revocable trust, or has or has not
revoked his or her will or revocable trust, or that identifies his or
her will or revocable trust, is not made inadmissible by the hearsay
rule.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1260 of the Evidence Code is amended to read:
   1260.  (a) Evidence of a statement made by a declarant who is
unavailable as a witness that he  or she  has or has not
made a will  or established a revocable trust  , or has or
has not revoked his  or her  will  or revocable trust
 , or that identifies his  or her  will  or
revocable trust  , is not made inadmissible by the hearsay rule.

   (b) Evidence of a statement is inadmissible under this section if
the statement was made under circumstances  such as to
  that  indicate its lack of trustworthiness.