SB 785 - Prohibits Irrelevant Disclosures of Immigration Status in Open Court - California Key Vote

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Title: Prohibits Irrelevant Disclosures of Immigration Status in Open Court

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Title: Prohibits Irrelevant Disclosures of Immigration Status in Open Court

Vote Smart's Synopsis:

Vote to concur with Assembly amendments and pass a bill that prohibits disclosure of immigration status in open court when such information is irrelevant to the litigation.

Highlights:

 

  • Prohibits the disclosure of an individual’s immigration status in open court unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing by the party seeking disclosure (Sec. 1).

  • Specifies that the provisions of this bill do not alter a prosecutor’s existing obligation to disclose exculpatory evidence (Sec. 4).

  • Exempts civil cases of personal injury or wrongful death, as well as criminal cases that (Secs. 1 & 2):

    • Require disclosure to prove an element of a claim or an affirmative defense;

    • Require disclosure in order to discover a criminal action;

    • Impact applicable laws governing the relevance of immigration; or

    • Involve a party who voluntarily discloses his or her immigration status.

  • Requires these provisions to expire on January 1, 2022 (Sec. 2).

Title: Prohibits Irrelevant Disclosures of Immigration Status in Open Court

Title: Prohibits Irrelevant Disclosures of Immigration Status in Open Court

Title: Prohibits Irrelevant Disclosures of Immigration Status in Open Court

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