Gov. Gavin Newsom vetoed a bill that would have allowed a police department’s civilian employees to provide hearsay testimony at preliminary hearings.
The Sept. 20 veto message questioned the fairness of the proposal.
“The bill raises concerns about the reliability of evidence presented at a critical stage of criminal proceedings, in which decisions are made regarding whether probable cause exists to charge defendants with felonies…” Newsom wrote.
The bill “may reduce the reliability of the preliminary hearing process and diminish public trust in the fairness of our legal system,” Newsom continued.
California Sen. Brian Dahle (R-Bieber) authored the bill.
“Law enforcement and legal systems must be given the tools to properly serve our communities. Law enforcement and civilians are becoming more frequently used, something the legislature has encouraged. Currently, only sworn officers can perform hearsay testimony, meaning if law enforcement civilians are called to court, sworn officers must re-interview old victims, or those victims must be called to court themselves,” Dahle said at the July 2 Assembly Standing Committee on Public Safety hearing.
Sworn police officers were granted the power to provide hearsay testimony in preliminary hearings in 1990’s Proposition 115. Then-United States Sen. Pete Wilson, who would later serve as California’s governor, was a chief proponent. Previously, witnesses would have to appear at preliminary hearings to testify.
“This bill is good for victims, and it will enable those to avoid appearing in court and having to relive the crime, relive the crime again through additional interviews and statements. It’s good for law enforcement as it allows sworn officers to remain focused on the primary duties of responding to emergency calls,” Dahle said.
It passed the Assembly Aug. 22 with 46 ayes to seven noes and 26 Assemblymembers not voting.
Assemblymembers. Eduardo Garcia (D-Coachella) and James Ramos (D-Highland) voted aye. Assemblymember Corey Jackson (D-Perris) voted no. Assemblymembers Sabrina Cervantes (D-Riverside), Eloise Gómez Reyes (D-Colton) and Bill Essayli (R-Corona) did note vote.
SB 804 passed the Senate Jan. 29 with 32 ayes, two noes and six no votes recorded, with support from all of the Inland Empire’s senators.
