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AB-1742 Evidence: witnesses.(2023-2024)

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Date Published: 03/23/2023 09:00 PM
AB1742:v98#DOCUMENT

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1742

Introduced by Assembly Member Gipson

February 17, 2023

An act to amend Section 402 710 of the Evidence Code, relating to evidence.


LEGISLATIVE COUNSEL'S DIGEST


AB 1742, as amended, Gipson. Evidence: admissibility. witnesses.
Existing law requires that all witnesses take an oath or make an affirmation or declaration prior to testifying. Existing law permits a child under the age 10 or a dependent person with a substantial cognitive impairment, in the court’s discretion, to promise to tell the truth in lieu of a taking an oath or making an affirmation or declaration.
This bill would increase the age of a child permitted to promise to tell the truth in lieu of taking an oath or making an affirmation or declaration to 11 years of age.

Existing law provides that only relevant evidence is admissible in a court. Existing law authorizes the court to hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury, except that the question of the admissibility of a confession or admission of a defendant in a criminal action is required to be heard and determined out of the presence and hearing of the jury if a party requests.

This bill would make technical, nonsubstantive changes to the latter provision.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 710 of the Evidence Code is amended to read:

710.
 Every witness before testifying shall take an oath or make an affirmation or declaration in the form provided by law, except that a child under the age of 10 11 or a dependent person with a substantial cognitive impairment, in the court’s discretion, may be required only to promise to tell the truth.

SECTION 1.Section 402 of the Evidence Code is amended to read:
402.

(a)When the existence of a preliminary fact is disputed, its existence or nonexistence shall be determined as provided in this article.

(b)The court may hear and determine the question of the admissibility of evidence out of the presence or hearing of the jury, except, in a criminal action, the court shall hear and determine the question of the admissibility of a confession or admission of the defendant out of the presence and hearing of the jury if a party so requests.

(c)A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.