Loading chat...
CA SB836
Bill
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