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Senate OKs Bill to Allow Some Hearsay Evidence

From a Times Staff Writer

A bill that would allow the use of limited hearsay evidence in certain domestic abuse cases was approved 29 to 1 by the state Senate on Wednesday.

The measure, AB 2068, was introduced in the aftermath of the O.J. Simpson murder trial, in which statements by Nicole Brown Simpson in her diary describing threats and abuses by her former husband were excluded as hearsay.

The bill, which would tailor California law more closely to federal statutes, would allow limited admission of hearsay evidence when it was deemed to be trustworthy.

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To be considered trustworthy, it would first have to clear several hurdles, including whether the statement occurred within the past five years and was made in writing, recorded electronically or made to a law enforcement officer.

Without debate, the bill by Assemblyman Bernie Richter (R-Chico) was returned to the Assembly for concurrence in Senate amendments.

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