California Evidence Code

§ 1107

EVID § 1107 Effective Jan 1, 2023Div. 9 · Ch. 1

Statute text

(a)In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding intimate partner battering and its effects, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of victims of domestic violence, except when offered against a criminal defendant to prove the occurrence of the act or acts of abuse which form the basis of the criminal charge.

(b)The foundation shall be sufficient for admission of this expert testimony if the proponent of the evidence establishes its relevancy and the proper qualifications of the expert witness. Expert opinion testimony on intimate partner battering and its effects shall not be considered a new scientific technique whose reliability is unproven.

(c)For purposes of this section, “abuse” is defined in Section 6203 of the Family Code, and “domestic violence” is defined in Section 6211 of the Family Code and may include acts defined in Section 242, subdivision (e) of Section 243, Section 261, 273.5, 273.6, 422, or 653m of, or former Section 262 of, the Penal Code.

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Legislative history

Amended by Stats. 2022, Ch. 197, Sec. 2. (SB 1493) Effective January 1, 2023.