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SB-1276 Civil proceedings: expert testimony.(2017-2018)

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Date Published: 04/30/2018 09:00 PM
SB1276:v98#DOCUMENT

Amended  IN  Senate  April 30, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill
No. 1276

Introduced by Senator Moorlach

February 16, 2018

An act to amend Sections 801, 802, and 803 of the Evidence Code, relating to evidence.


LEGISLATIVE COUNSEL'S DIGEST


SB 1276, as amended, Moorlach. Civil proceedings: expert testimony.
Existing law authorizes an expert witness to testify in the form of an opinion, as specified, and to state on direct examination the reasons for his or her the opinion and the matter upon which it is based, unless he or she the witness is precluded by law from using those reasons or matter as a basis for his or her the 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 the expert’s opinion is based. Existing law also provides circumstances under which testimony in the form of an opinion based in whole or in significant part on matter that is not a proper basis for an opinion may be excluded. The California Supreme Court, in People v. Sanchez (2006) (2016) 63 Cal. 4th 665, held that statements made out of court and relied upon by an expert witness in forming the basis of the witness’s opinion are inadmissible hearsay even if an expert witness treats testifies to the content of those statements as true and accurate in support of the expert’s opinion.
This bill would expressly abrogate the holding in that decision as it applies to proceedings under the Family Code by providing, in civil these proceedings, that evidence of a statement used to support the opinion of an expert is not inadmissible as hearsay if the court, in its discretion, determines that the statement is reliable, and would require the court to consider certain factors in making its determination. The bill would also authorize, in civil proceedings, proceedings under the Family Code, that a witness, before testifying in the form of an opinion, be examined with regard to the factors considered by the court to determine the reliability of a statement.
The bill would also make technical, nonsubstantive changes.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 (a)The Legislature finds and declares that it is the policy of the State of California to avoid needlessly complicating the process of proof, generating delay, increasing costs, and in many cases, creating a nearly impossibly burden to obtain admissible evidence in civil proceedings. proceedings under the Family Code.

(b)Therefore, it is the intent of the Legislature to abrogate the holding in People v. Sanchez (2016) 63 Cal. 4th 665, as it applies to civil proceedings.

SEC. 2.

 Section 801 of the Evidence Code is amended to read:

801.
 (a) If a witness is testifying as an expert, his or her the witness’s testimony in the form of an opinion is limited to an opinion that satisfies both of the following:
(1) Relates to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.
(2) Is based on matter, including his or her the witness’s special knowledge, skill, experience, training, and education, perceived by or personally known to the witness or made known to him or her the witness at or before the hearing, whether or not admissible, that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his or her the witness’s testimony relates.
(b) (1) In civil proceedings, a proceeding under the Family Code, evidence of a statement used to support the opinion of a witness testifying as an expert is not made inadmissible as hearsay if the court, in its discretion, determines that the statement is reliable. In
(2) In determining the reliability of a statement, a court shall consider the following:

(1)Whether,

(A) Whether the expert witness routinely relies upon similar statements in his or her the witness’s professional capacity outside of the court.

(2)

(B) The expertise of the expert, witness, including his or her the witness’s experience, in evaluating the trustworthiness of the sources of information relied upon in forming his or her opinions. the witness’s opinion.

SEC. 3.

 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 upon which it is based, including, in the case of an expert, his or her the witness’s special knowledge, skill, experience, training, and education. The court, in its discretion, may require that a witness, before testifying in the form of an opinion, be examined concerning the matter upon which the witness’s opinion is based, including, in civil proceedings a proceeding under the Family Code, the factors described in paragraphs (1) and paragraph (2) of subdivision (b) of Section 801.

SEC. 4.

 Section 803 of the Evidence Code is amended to read:

803.
 Except as provided by Section 801, the court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for the opinion. In that case, the witness may, if there remains a proper basis for his or her the witness’s opinion, then state his or her the opinion after excluding from consideration the matter determined to be improper.