California Evidence Code

§ 1294

EVID § 1294 Effective Jan 1, 2019Div. 10 · Ch. 2 · Art. 9

Statute text

(a)The following evidence of prior inconsistent statements of a witness properly admitted in a conditional examination, preliminary hearing, or trial of the same criminal matter pursuant to Section 1235 is not made inadmissible by the hearsay rule if the witness is unavailable and former testimony of the witness is admitted pursuant to Section 1291:

(1)A video or audio recorded statement introduced at a conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.

(2)A transcript, containing the statements, of the conditional examination, preliminary hearing, or prior proceeding concerning the same criminal matter.

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Legislative history

Amended by Stats. 2018, Ch. 64, Sec. 1. (AB 1736) Effective January 1, 2019.