SB 909 - This act modifies provisions relating to the business records exception to hearsay in evidence law. This evidence rule is renamed The Records of Regularly Conducted Activity. The definition of business is expanded to include institutions and associations. Currently, a record is admissible at the court's discretion if the custodian or other qualified witness testifies to the identity and preparation of the record and that it was made in the regular course of business at or near the time of the act described. This act further requires that the record be made by someone with knowledge or from information transmitted by a person with knowledge. It must also be a regular practice of that business to make such a record.
The record of regularly conducted activity exception is to be interpreted so that it has a similar effect as the rules in other states for third-party business records hearsay exception. If the record is domestic, the certification by the custodian that the requirements have been met must contain a written declaration under oath subject to perjury. If a foreign record, the evidence must have a written declaration that if made falsely would subject the maker to criminal penalty under the laws of such country.
This act is similar to HB 1505 (2012) and HB 1966 (2012).
MIKE HAMMANN