Cal. Pen. Code § 1346.1

Current through the 2023 Legislative Session.
Section 1346.1 - Order for victim's testimony at preliminary hearing to recorded on videotape if defendant charged with violation of Section 261 or Section 273.5(a)
(a)When a defendant has been charged with a violation of Section 261, if the victim is the spouse of the defendant, former Section 262, or subdivision (a) of Section 273.5, the people may apply for an order that the victim's testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved.
(b)The application for the order shall be in writing and made three days prior to the preliminary hearing.
(c)Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending.
(d)If the victim's prior testimony given at the preliminary hearing is admissible pursuant to the Evidence Code, then the video recording of that testimony may be introduced as evidence at trial.

Ca. Pen. Code § 1346.1

Amended by Stats 2022 ch 197 (SB 1493),s 25, eff. 1/1/2023.
Amended by Stats 2021 ch 626 (AB 1171),s 53, eff. 1/1/2022.
Amended by Stats 2014 ch 160 (AB 1900),s 2, eff. 1/1/2015.