SB 785: Evidence: immigration status.

Existing law provides that all relevant evidence is admissible in an action before the court, including evidence relevant to the credibility of a witness or hearsay declaring, subject to specified exceptions. Existing law also provides that, in civil actions for personal injury or wrongful death, evidence of a persons immigration status is not admissible and discovery of a persons immigration status is not permitted.

In civil actions other than those specified above, this bill would prohibit the disclosure of a persons immigration status in open court by a party unless that party requests an in camera hearing and the presiding judge determines that the evidence is admissible. This bill would apply this prohibition to criminal actions. The provisions of the bill would be repealed on January 1, 2022.

The California Constitution provides for the Right to Truth-in-Evidence, which requires a ²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

Because this bill may exclude from a criminal action information about a persons immigration status that would otherwise be admissible, it requires a ²/₃ vote of the Legislature.

This bill would declare that it is to take effect immediately as an urgency statute.