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AB-1744 Evidence: examination of witnesses.(2023-2024)

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Date Published: 02/17/2023 09:00 PM
AB1744:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1744

Introduced by Assembly Member Bonta

February 17, 2023

An act to amend Section 765 of the Evidence Code, relating to evidence.


LEGISLATIVE COUNSEL'S DIGEST


AB 1744, as introduced, Bonta. Evidence: examination of witnesses.
Existing law requires the court to exercise reasonable control over the mode of interrogation of a witness for purposes of efficiency and effectiveness, and to protect a witness from undue harassment or embarrassment. Existing law requires the court to take special care, as specified, with a witness under 14 years of age or a dependent person with a substantial cognitive impairment.
This bill would make a technical, nonsubstantive change to that 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 765 of the Evidence Code is amended to read:

765.
 (a) The court shall exercise reasonable control over the mode of interrogation of a witness so as to make interrogation as rapid, as distinct, and as effective for the ascertainment of the truth, as may be, and to protect the witness from undue harassment or embarrassment.
(b) With a witness under the age of 14 or a dependent person with a substantial cognitive impairment, the court shall take special care to protect him or her the witness from undue harassment or embarrassment, and to restrict the unnecessary repetition of questions. The court shall also take special care to ensure that questions are stated in a form which is appropriate to the age or cognitive level of the witness. The court may, in the interests of justice, on objection by a party, forbid the asking of a question which is in a form that is not reasonably likely to be understood by a person of the age or cognitive level of the witness.