BILL NUMBER: SB 1041	ENROLLED
	BILL TEXT

	PASSED THE SENATE  MAY 17, 2010
	PASSED THE ASSEMBLY  JUNE 28, 2010
	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, 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 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.



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) Except as provided in subdivision (b), evidence of any
of the following statements made by a declarant who is unavailable as
a witness 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 that indicate its lack of
trustworthiness.