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AB-1958 Evidence: admissibility of statements.(2013-2014)

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CALIFORNIA LEGISLATURE— 2013–2014 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   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.
 (a) Evidence of a statement or other conduct by a declarant that is inconsistent with a statement by such that declarant received in evidence as hearsay evidence is not inadmissible for the purpose of attacking the credibility of the declarant even though he or she is not given and has not had an opportunity to explain or to deny such the 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 the purposes of this section, the deponent of a deposition taken in the action in which it is offered shall be deemed to be is a hearsay declarant.
(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.