BILL NUMBER: SB 1041	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 6, 2010

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 amended, 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   expand that exception to the hearsay rule
to permit the admission of evidence of a statement made by a
declarant who is unavailable as a witness that he or she has or has
not established or amended a revocable trust, or has or has not
revoked his or her revocable trust or an amendment to a revocable
trust, or that identifies his or her revocable trust or an amendment
to a revocable trust  .
   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   Except as provided in
subdivision (b), evidence  of  a statement 
 any of the following statements  made by a declarant who is
unavailable as a witness  that he has or has not made a
will, or has or has not revoked his will, or that identifies his
will,  is not made inadmissible by the hearsay rule 
.   :  
   (1) That the declarant has or has not made a will or established
or amended a revocable trust.  
   (2) That the declarant has or has not revoked his or her will,
revocable trust, or an amendment to a revocable trust.  
   (3) That identifies the declarant's will, revocable trust, or an
amendment to a revocable trust. 
   (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.

  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 that indicate its lack of
trustworthiness.