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CA SB836

Bill

Status

Passed

8/22/2022

Primary Sponsor

Scott Wiener

Click for details

Origin

Senate

2021-2022 Session

AI Summary

  • Prohibits disclosure of a person's immigration status in open court in civil actions unless the judge first holds an in camera hearing and determines the evidence is admissible, with exceptions for cases where immigration status is necessary to prove an element of a claim or affirmative defense.

  • Applies the same immigration status disclosure restriction to criminal actions, requiring an in camera hearing and judicial determination of admissibility before open court disclosure, with exceptions when immigration status is necessary to prove an offense element or affirmative defense.

  • Does not prohibit individuals from voluntarily revealing their own immigration status to the court and does not limit criminal discovery or interfere with existing laws governing immigration status relevance in civil cases.

  • Requires a two-thirds legislative vote because it may exclude relevant evidence from criminal proceedings, contrary to the California Constitution's Right to Truth-in-Evidence.

  • Takes effect immediately as an urgency statute to protect undocumented California residents' ability to participate in the justice system.

Legislative Description

Evidence: immigration status.

Last Action

Chaptered by Secretary of State. Chapter 168, Statutes of 2022.

8/22/2022

Committee Referrals

Judiciary6/1/2022
Public Safety5/5/2022
Judiciary3/9/2022
Public Safety1/19/2022
Rules1/6/2022

Full Bill Text

No bill text available