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SB-1107 Lawyer-client privilege: confidential communication.(2019-2020)

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Date Published: 02/19/2020 09:00 PM
SB1107:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1107


Introduced by Senator Bradford

February 19, 2020


An act to add Section 952.1 to the Evidence Code, relating to privileges.


LEGISLATIVE COUNSEL'S DIGEST


SB 1107, as introduced, Bradford. Lawyer-client privilege: confidential communication.
Existing law defines a confidential communication between client and lawyer for the purposes of the lawyer-client privilege as information transmitted between a client and the client’s lawyer in the course of that relationship and in confidence by a means which, so far as the client is aware, discloses the information to no third persons other than those present to further client’s interest or those necessary to transmit the information or accomplish the purpose of the consultation with the lawyer.
This bill would provide that a confidential communication between client and lawyer includes a communication of the type described above that occurs when the client is an inmate in custody at specified institutions, or that occurs off the record of a proceeding inside a courthouse or courthouse facility, even if the client is aware that the communication is overheard or intentionally or unintentionally recorded by specified persons.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 952.1 is added to the Evidence Code, to read:

952.1.
 For purposes of this article, a “confidential communication between client and lawyer” includes the following:
(a) A communication described in Section 952 between a client who is an inmate in custody in an institution described in subdivision (a) of Section 4573 of the Penal Code and the client’s lawyer, even if the client was or should have been aware that the information was overheard or intentionally or unintentionally recorded by any of the following:
(1) A law enforcement officer.
(2) A staff member of the institution.
(3) A telecommunications company.
(b) A communication described in Section 952 between a client and the client’s lawyer that is made inside a courthouse or facility that is used as a courthouse and is not on the record of a court proceeding, even if the client was or should have been aware that the information was been overheard or intentionally or unintentionally recorded by any of the following:
(1) A law enforcement officer, including a law enforcement officer charged with overseeing or otherwise assisting the client.
(2) A court staff member who is on duty.