(a) In a criminal action, evidence of a person‘s immigration status shall not be disclosed in open court by a party or their attorney unless the judge presiding over the matter first determines that the evidence is admissible in an in camera hearing requested by the party seeking disclosure of the person’s immigration status.

(b) This section does not do any of the following:

Terms Used In California Evidence Code 351.4

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Criminal action: includes criminal proceedings. See California Evidence Code 130
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
  • Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175

(1) Apply to cases in which a person’s immigration status is necessary to prove an element of an offense or an affirmative defense.

(2) Limit discovery in a criminal action.

(3) Prohibit a person or their attorney from voluntarily revealing the person’s immigration status to the court.

(Added by Stats. 2022, Ch. 168, Sec. 2. (SB 836) Effective August 22, 2022.)

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