Today's Law As Amended


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



As Amends the Law Today


SECTION 1.
 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 proceedings under the Family Code.

SEC. 2.

 Section 801 of the Evidence Code is amended to read:

801.
 (a)  If a witness is testifying as an expert, his  the witness’s  testimony in the form of an opinion is limited to such  an opinion as is: that satisfies both of the following: 
(a) (1)  Related Relates  to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and fact. 
(b) (2)  Based on matter (including his  Is based on matter, including the witness’s  special knowledge, skill, experience, training, and education) education,  perceived by or personally known to the witness or made known to him  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 testimony relates, unless an expert is precluded by law from using such matter as a basis for his opinion. the witness’s testimony relates. 
(b) (1) In a proceeding under the Family Code, evidence of a statement used to support the opinion of a witness testifying as an expert is not inadmissible as hearsay if the court, in its discretion, determines that the statement is reliable.
(2) In determining the reliability of a statement, a court shall consider the following:
(A) Whether the witness routinely relies upon similar statements in the witness’s professional capacity outside of the court.
(B) The expertise of the witness, including the witness’s experience, in evaluating the trustworthiness of the sources of information relied upon in forming 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 (including,  upon which it is based, including,  in the case of an expert, his  the witness’s  special knowledge, skill, experience, training, and education) upon which it is based, unless he is precluded by law from using such reasons or matter as a basis for his opinion. The court in its discretion education. The court, in its discretion,  may require that a witness witness,  before testifying in the form of an opinion opinion,  be first  examined concerning the matter upon which his opinion is based. the witness’s opinion is based, including, in a proceeding under the Family Code, the factors described in paragraph (2) of subdivision (b) of Section 801. 

SEC. 4.

 Section 803 of the Evidence Code is amended to read:

803.
 The  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 such an  the  opinion. In such that  case, the witness may, if there remains a proper basis for his  the witness’s  opinion, then state his the  opinion after excluding from consideration the matter determined to be improper.