California Evidence Code

§ 1350

EVID § 1350 Effective Jan 1, 2002Div. 10 · Ch. 2 · Art. 15

Statute text

(a)In a criminal proceeding charging a serious felony, evidence of a statement made by a declarant is not made inadmissible by the hearsay rule if the declarant is unavailable as a witness, and all of the following are true:

(1)There is clear and convincing evidence that the declarant’s unavailability was knowingly caused by, aided by, or solicited by the party against whom the statement is offered for the purpose of preventing the arrest or prosecution of the party and is the result of the death by homicide or the kidnapping of the declarant.

(2)There is no evidence that the unavailability of the declarant was caused by, aided by, solicited by, or procured on behalf of, the party who is offering the statement.

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Legislative history

Amended by Stats. 2001, Ch. 854, Sec. 5. Effective January 1, 2002.