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SB-1171 Hearsay evidence: exceptions: medical diagnosis or treatment.(2021-2022)

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Date Published: 04/28/2022 09:00 PM
SB1171:v98#DOCUMENT

Amended  IN  Senate  April 28, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 1171

Introduced by Senator Caballero

February 17, 2022

An act to amend Section 1253 of the Evidence Code, relating to hearsay.


LEGISLATIVE COUNSEL'S DIGEST


SB 1171, as amended, Caballero. Hearsay evidence: exceptions: medical diagnosis or treatment.
Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule for certain statements made for purposes of medical diagnosis or treatment by a victim when under 12 years of age describing acts of child abuse or child neglect, as specified.
This bill would additionally make an exception to the hearsay rule for certain statements for purposes of medical diagnosis or treatment made by a domestic violence victim describing any act, or attempted act, of domestic violence, as defined. The bill would require the consent of the domestic violence victim for the statement to be used in a prosecution. The bill would require a prosecutor to disclose the existence of a statement and the prosecutor’s intent to use the statement to the defense at least 30 days prior to any proceeding in which the prosecution intends to have the statement admitted. The bill would limit applicability of this provision to criminal cases.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1253 of the Evidence Code is amended to read:

1253.
 Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies to either of the following:
(a) A statement made by a victim who is a minor at the time of the proceedings, provided the statement was made when the victim was under the age of 12 years of age describing any act, or attempted act, of child abuse or neglect. “Child abuse” and “child neglect,” for purposes of this section, have the meanings provided in subdivision (c) of Section 1360. In addition, “child abuse” means any act proscribed by Chapter 5 (commencing with Section 281) of Title 9 of Part 1 of the Penal Code committed against a minor.
(b) A statement made by a domestic violence victim describing any act, or attempted act, of domestic violence. “Domestic violence” for the purposes of this section has the same meaning as provided in subdivision (c) of Section 1107.
(1) Use of a statement under this subdivision for the purpose of prosecution shall only be permissible if the domestic violence victim consents to its use.
(2) The existence of a statement under this subdivision and the prosecution’s intention to use it shall be disclosed to the defense at least 30 days prior to any proceeding for which the prosecution intends to have the statement admitted.
(3) This subdivision only applies to criminal cases.