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CA SB243

Bill

Status

Failed

2/1/2022

Primary Sponsor

Scott Wiener

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Adds Section 806 to the Evidence Code requiring courts in criminal proceedings to determine whether expert testimony is based on reliable foundation, properly tested methodology, and sound logic before admitting it.

  • Expands the definition of "false evidence" under Penal Code Section 1473 to include expert opinions undermined by scientific research that existed at the time of testimony and opinions for which reasonable disputes have emerged within the expert's scientific community.

  • Allows courts to admit portions of expert testimony that are supported by underlying evidence even if other portions extend beyond the supporting materials, provided those portions are otherwise admissible.

  • Authorizes habeas corpus petitions based on expert opinions that have been repudiated by the expert or undermined by scientific research or technological advances, without requiring proof that prosecutors knew of the false nature of the evidence.

  • Provides that experts who repudiate their original opinions or whose opinions are undermined by scientific research or community disputes do not incur additional liabilities beyond those already recognized.

Legislative Description

Trial testimony: expert witnesses: writ of habeas corpus.

Last Action

Returned to Secretary of Senate pursuant to Joint Rule 56.

2/1/2022

Committee Referrals

Appropriations3/17/2021
Public Safety2/3/2021
Rules1/21/2021

Full Bill Text

No bill text available