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CA AB2833
Bill
Status
5/9/2024
Primary Sponsor
Tina McKinnor
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AI Summary
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Adds Section 1155.5 to the Evidence Code to make participation in and communications made during restorative justice processes inadmissible and not subject to discovery in civil, criminal, juvenile, administrative, or other proceedings.
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Defines "restorative justice process" as a facilitated, community-based process where parties who caused harm or were harmed and community members collectively identify and repair harm, focusing on accountability, healing, and safety.
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Permits disclosure of restorative justice communications only when: all participants provide written consent, information must be disclosed by law, force or threats occur during the process, or a participant discloses involvement in a crime that could result in a life term for which they had not been previously charged.
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Specifies that evidence obtained independently from the restorative justice process is not protected from discovery solely because it was discussed during the process.
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Requires a two-thirds vote of the Legislature because the bill excludes relevant evidence from criminal proceedings, triggering California's Right to Truth-in-Evidence constitutional requirement.
Legislative Description
Evidence: restorative justice communications.
Last Action
Ordered to inactive file at the request of Senator Smallwood-Cuevas.
8/8/2024