AB 153

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 civil and criminal court proceedings. Current

law offers some exceptions to the rule that hearsay is inadmissible if the hearsay was

spoken by a person (declarant) who is unavailable to testify at the proceeding.

Exceptions include including admitting a statement from a declarant who

believed his or her death was imminent, a statement made by a declarant in a prior

court proceeding, and under certain circumstances, a statement a declarant made

that was against his or her own interests. Current law allows a court to admit

hearsay evidence not covered by one of the specific exceptions if the court finds that

the evidence has circumstantial guarantees of trustworthiness.

This bill creates an exception to the hearsay rule to allow a statement made by

a declarant who is unavailable to testify as a witness at a proceeding if the declarant's

statement is made against a party who wrongfully caused the declarant to be

unavailable.