California Legislature—2013–14 Regular Session

Assembly Bill No. 1958

Introduced by Assembly Member Maienschein

February 19, 2014

An act to amend Section 1202 of the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

AB 1958, as introduced, Maienschein. Evidence: admissibility of statements.

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. Among other exceptions, evidence of a statement or other conduct by a declarant that is inconsistent with a statement by that declarant received in evidence as hearsay evidence is not inadmissible for the purpose of attacking the credibility of the declarant, as specified.

This bill would prohibit a criminal defendant, for the purpose of attacking his or her own credibility as a hearsay declarant, from introducing evidence of a statement or other conduct that is inconsistent with a statement made by the criminal defendant that has been received in evidence as hearsay evidence.

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 1202 of the Evidence Code is amended
to read:

1202.  

begin insert (a) end insert begin insert   end insert Evidence of a statement or other conduct by a
declarant that is inconsistent with a statement by begin delete such end delete begin insert that end insert declarant
received in evidence as hearsay evidence is not inadmissible for
the purpose of attacking the credibility of the declarant begin insert even end insert though
he begin insert or she end insert is not given and has not had an opportunity to explain
or to deny begin delete such end delete begin insert the end insert inconsistent statement or other conduct. Any
other evidence offered to attack or support the credibility of the
declarant is admissible if it would have been admissible had the
declarant been a witness at the hearing. For begin delete the end delete purposes of this
section, the deponent of a deposition taken in the action in which
it is offered begin delete shall be deemed to be end delete begin insert is end insert a hearsay declarant.

begin insert

(b) Notwithstanding subdivision (a), a criminal defendant is
prohibited, for the purpose of attacking his or her own credibility
as a hearsay declarant, from introducing evidence of a statement
or other conduct that is inconsistent with a statement made by the
criminal defendant that has been received in evidence as hearsay
evidence.

end insert