Evid. Code, § 351.4 · Article 1. General Provisions
Evid. Code, § 351.4
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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:
(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.
Notes and commentary — not statutory text
History
Added by Stats. 2022, Ch. 168, Sec. 2. (SB 836) Effective August 22, 2022.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=351.4.
- Text hash
- sha256 ccbb3bc41453d57b86312e3b9c4404ee4dc37ec62ab08071efb65876452ae929
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.