CA AB1723

Expands the definition of "unavailable as a witness" under Evidence Code Section 240 to include witnesses who persistently refuse to testify despite being found in contempt.

Creates a new exception to the hearsay rule allowing statements to be admitted against a party who engaged in or aided wrongdoing intended to procure the declarant's unavailability as a witness.

Requires the party seeking to introduce such statements to establish by preponderance of evidence at a foundational hearing (outside jury presence) that the wrongdoing elements are met, supported by independent corroborative evidence rather than solely the unavailable declarant's hearsay.

Permits judges to consider the trustworthiness and reliability of statements when deciding admission and to consider evidence already presented to the jury if the foundational hearing occurs after trial begins.

Applies to all civil, criminal, and juvenile cases initiated or pending as of January 1, 2011, and expires January 1, 2016, unless extended by later legislation.