AB 2799

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly Feb 18, 2022
  • Passed Assembly May 05, 2022
  • Passed Senate Aug 18, 2022
  • Became Law Sep 30, 2022

Evidence: admissibility of creative expressions.

Abstract

Existing law permits a court to exclude evidence if its probative value is substantially outweighed by specified factors, including the probability that its admission will create substantial danger of undue prejudice. Existing law permits a court to hear and determine the question of admissibility of evidence out of the presence or hearing of the jury. This bill would require a court, in a criminal proceeding where a party seeks to admit as evidence a form of creative expression, to consider specified factors when balancing the probative value of that evidence against the substantial danger of undue prejudice. The bill would define "creative expression" as the expression or application of creativity or imagination in the production or arrangement of forms, sounds, words, movements, or symbols, as specified. The bill would require a court, in balancing the probative value of a creative expression against the substantial danger of undue prejudice, to first consider that the probative value of the creative expression for its literal truth is minimal unless that expression meets specified conditions. The bill would then require a court to consider that undue prejudice includes the possibility that the trier of fact will treat the creative expression as evidence of the defendant's propensity for violence or criminal disposition, as well as the possibility that the evidence will inject racial bias into the proceedings. The bill would require the court to consider, if proffered and relevant to the issues in the case, credible testimony on the genre of creative expression as to the context of the expression, research demonstrating that the introduction of a particular type of expression introduces racial bias into the proceedings, and evidence to rebut such research or testimony. The bill would require a court to determine the admissibility of a form of creative expression in a hearing outside the presence and hearing of the jury, and state on the record the court's ruling and reasoning therefor. The California Constitution provides for the Right to Truth-in-Evidence, which requires a 2/3 vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified. Because this bill may exclude from a criminal action a form of creative expression that would otherwise be admissible, it requires a 2/3 vote of the Legislature.

Bill Sponsors (1)

Votes


Actions


Sep 30, 2022

California State Legislature

Chaptered by Secretary of State - Chapter 973, Statutes of 2022.

California State Legislature

Approved by the Governor.

Aug 29, 2022

California State Legislature

Enrolled and presented to the Governor at 3:30 p.m.

Aug 22, 2022

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5989.).

Aug 18, 2022

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 4907.).

Assembly

In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 20 pursuant to Assembly Rule 77.

Aug 10, 2022

Senate

Read second time. Ordered to third reading.

Aug 09, 2022

Senate

Read third time and amended. Ordered to second reading.

Aug 08, 2022

Senate

From Special Consent Calendar.

Senate

Ordered to third reading.

Aug 03, 2022

Senate

Ordered to special consent calendar.

Jun 15, 2022

Senate

Read second time. Ordered to third reading.

Jun 14, 2022

Senate

From committee: Do pass. (Ayes 5. Noes 0.) (June 14).

Jun 06, 2022

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on PUB. S.

May 18, 2022

Senate

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

May 05, 2022

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 61. Noes 0. Page 4576.)

Apr 28, 2022

Assembly

Read second time. Ordered to Consent Calendar.

Apr 27, 2022

Assembly

From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (April 26).

Mar 14, 2022

Assembly

Re-referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Mar 10, 2022

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.

Assembly

Referred to Com. on PUB. S.

  • Referral-Committee
Com. on PUB. S.

Feb 19, 2022

Assembly

From printer. May be heard in committee March 21.

Feb 18, 2022

Assembly

Introduced. To print.

Bill Text

Bill Text Versions Format
AB2799 HTML
02/18/22 - Introduced PDF
03/10/22 - Amended Assembly PDF
06/06/22 - Amended Senate PDF
08/09/22 - Amended Senate PDF
08/24/22 - Enrolled PDF
09/30/22 - Chaptered PDF

Related Documents

Document Format
04/25/22- Assembly Public Safety PDF
06/10/22- Senate Public Safety PDF
06/15/22- Sen. Floor Analyses PDF
08/10/22- Sen. Floor Analyses PDF
08/19/22- ASSEMBLY FLOOR ANALYSIS PDF

Sources

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