BILL NUMBER: AB 2637 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Galgiani
FEBRUARY 24, 2012
An act to amend Section 802 of the Evidence Code, relating to
evidence.
LEGISLATIVE COUNSEL'S DIGEST
AB 2637, as introduced, Galgiani. Evidence: opinion testimony.
Existing law prescribes limitations pertaining to expert testimony
and other opinion testimony in a court proceeding. Existing law
permits a witness providing opinion testimony to state on direct
examination the reasons for his opinion and the matter, as specified,
upon which the opinion is based, unless the witness is precluded by
law.
This bill would make technical, nonsubstantive changes to these
provisions.
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 802 of the Evidence Code is amended to read:
802. A witness testifying in the form of an opinion may state on
direct examination the reasons for his or her opinion and
the matter (including, in the case of an expert, his or her
special knowledge, skill, experience, training, and education)
upon which it is based, unless he or she is precluded by
law from using such those reasons or
matter as a basis for his or her opinion. The court in its
discretion may require that a witness , before testifying
in the form of an opinion , be first examined concerning
the matter upon which his or her opinion is based.