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SENATE BILL 1171 (WILSON-1979)

CHAPTER 205, STATUTES OF 1979

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Section 703.5 was added to the Evidence Code in 1979 following legislative passage of Senate Bill 1171, a single-section bill affecting only section 703.5.  (See Exhibit #1b)  This bill was introduced on April 16, 1979 by Senator Bob Wilson on behalf of the California Judges’ Association.  (See Exhibits #1a and #10, document PE‑1) 

This legislation was heard before the Senate and Assembly Committees on Judiciary for consideration of policy issues.  (See Exhibits #3 and #7)  There were no amendments proposed for Senate Bill 1171 as it was considered by both Houses.  (See Exhibit #2)  Governor Edmund G. Brown, Jr., signed Senate Bill 1171 on July 23, 1979, and it was recorded on that date as Chapter 205 of the Statutes of 1979.  (See Exhibits #1b and #2)

The Third Reading analysis of Senate Bill 1171 that was prepared by the Senate Republican Caucus described this measure as follows:

The bill, relating to testimony, prohibits any person who presides at a judicial or quasi-judicial proceeding from testifying in any subsequent civil proceeding as to any statement or conduct which occurred at the prior proceeding.  There would be an exception to such prohibition as to a statement or conduct that could give use to civil or criminal contempt or constitute a crime.

(See Exhibit #6, page 1)