AMENDED IN ASSEMBLY MARCH 31, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

96

CHAPTER 132

Statutes of 2016

[ Approved by Governor August 17, 2016. Filed with Secretary of State August 17, 2016. ]

Introduced by Assembly Members Gonzalez and Bonta

(Coauthor: Assembly Member Medina)

February 17, 2016

An act to add Section 351.2 to the Evidence Code, relating to evidence.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law provides that all relevant evidence is admissible in an action before the court, including evidence relevant to the credibility of a witness or hearsay declarant, subject to specified exceptions.

This bill would provide that, in civil actions for personal injury or wrongful death, evidence of a person’s immigration status is not admissible and discovery of a person’s immigration status is not permitted. The bill would also provide that these restrictions do not affect the standards of relevance, admissibility, or discovery under other specified provisions of law.

The people of the State of California do enact as follows:

SECTION 1.

Section 351.2 is added to the Evidence Code, to read:

351.2.

(a) In a civil action for personal injury or wrongful death, evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.

(b) This section does not affect the standards of relevance, admissibility, or discovery prescribed by Section 3339 of the Civil Code, Section 7285 of the Government Code, Section 24000 of the Health and Safety Code, and Section 1171.5 of the Labor Code.