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CA SB804

Bill

Status

Vetoed

9/20/2024

Primary Sponsor

Brian Dahle

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Authorizes law enforcement civilians to testify about out-of-court statements at preliminary hearings to establish probable cause, expanding on existing authority granted to law enforcement officers.

  • Requires law enforcement civilians testifying as to hearsay to have either five years of experience as a law enforcement civilian or completion of equivalent training to that required for law enforcement officers.

  • Defines "law enforcement civilian" as uniformed, nonsworn, full-time paid employees of law enforcement agencies such as community service officers, police technicians, or police services officers involved in report writing, property crime investigation, witness interviewing, evidence collection, and crime scene processing.

  • Clarifies that perjured testimony by peace officers or law enforcement civilians under this section is subject to disclosure as impeachment evidence under Brady v. Maryland standards.

  • Allows the finding of probable cause at preliminary hearings to be based on hearsay testimony from qualified law enforcement officers and civilians, notwithstanding Evidence Code Section 1200.

Legislative Description

Criminal procedure: hearsay testimony at preliminary hearings.

Last Action

In Senate. Consideration of Governor's veto pending.

9/20/2024

Committee Referrals

Public Safety4/29/2024
Public Safety3/1/2023
Rules2/17/2023

Full Bill Text

No bill text available