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CA AB2833

Bill

Status

Engrossed

5/9/2024

Primary Sponsor

Tina McKinnor

Click for details

Origin

State Assembly

2023-2024 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Specifies that evidence obtained independently from the restorative justice process is not protected from discovery solely because it was discussed during the process.

  • 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

Committee Referrals

Judiciary6/12/2024
Public Safety5/22/2024
Rules5/9/2024
Judiciary4/3/2024
Public Safety3/4/2024

Full Bill Text

No bill text available