AB 2833: Evidence: restorative justice communications.

Existing law provides for the inadmissibility of certain evidence as a matter of public policy.

This bill would provide that participation in and communications made during a restorative justice process are inadmissible and not subject to discovery in civil, criminal, juvenile, administrative, or other proceedings, except as specified.

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.

This bill would prohibit communications made during a restorative justice process from being used in a criminal proceeding, thereby requiring a ²/₃ vote.