SB 399

Under current law, if an adult is charged with a felony (or, under certain

circumstances, if a juvenile is charged with a violation that would be a crime if

committed by an adult), a preliminary examination is conducted to determine

whether there is probable cause to believe that the person committed the crime as

charged. In the case of a juvenile, the preliminary examination is also used to

determine whether the juvenile should be tried in adult court or referred to juvenile

court.

Under current law, hearsay evidence (a statement, other than one made by a

person who is testifying in court, that is offered to prove the truth of the matter

asserted) is generally inadmissible in court proceedings, including in a preliminary

examination. Current law offers some exceptions to the rule that hearsay is

inadmissible, which generally require some indication that the hearsay is reliable

or trustworthy. Current law also includes an exception at a preliminary examination

to establish property ownership, a victim's lack of consent to entry upon or

destruction of private property, and certain elements of identity theft crimes.

Under this bill, hearsay evidence is admissible at a preliminary examination.

Under the bill, the court may rely on hearsay, in whole or in part, to determine

whether there is probable cause that the defendant committed a crime.