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SB-804 Criminal procedure: hearsay testimony at preliminary hearings.(2023-2024)

Senate
Assembly
1st
Cmt
2nd
3rd
Pass
1st
Cmt
2nd
3rd
Pass
Pass
Veto
Senate
Assembly
1st
Cmt
2nd
3rd
Pass
1st
Cmt
2nd
3rd
Pass
Pass
Veto

Bill Status
SB-804
Dahle (S)
-
-
Criminal procedure: hearsay testimony at preliminary hearings.
03/20/23
An act to amend Section 872 of the Penal Code, relating to criminal procedure.
Senate
08/23/24
01/03/24

Type of Measure
Active Bill - In Floor Process
Majority Vote Required
Non-Appropriation
Non-Fiscal Committee
Non-State-Mandated Local Program
Non-Urgency
Non-Tax levy
Last 5 History Actions
Date Action
09/20/24 In Senate. Consideration of Governor's veto pending.
09/20/24 Vetoed by the Governor.
08/27/24 Enrolled and presented to the Governor at 2 p.m.
08/22/24 In Senate. Ordered to engrossing and enrolling.
08/22/24 Read third time. Passed. (Ayes 46. Noes 7. Page 6444.) Ordered to the Senate.
Governor's Message
To the Members of the California State Senate:

I am returning Senate Bill 804 without my signature.

This bill would allow law enforcement civilians to offer hearsay testimony at preliminary hearings, expanding an exception currently allowed for law enforcement officers.

While I appreciate the author's intent to conserve law enforcement resources, the bill raises concerns about the reliability of evidence presented at a critical stage of criminal proceedings, in which decisions are made regarding whether probable cause exists to charge defendants with felonies.

Proposition 115, the Crime Victims Justice Reform Act, created a narrow exception to the general prohibition on admissibility of hearsay testimony at preliminary hearings, largely to avoid forcing victims to appear multiple times through the criminal proceeding. This bill expands that exception to non-sworn employees of a law enforcement agency, which may reduce the reliability of the preliminary hearing process and diminish public trust in the fairness of our legal system.

For these reasons, I cannot sign this bill.

Sincerely,




Gavin Newsom