California Penal Code

§ 1346

PEN § 1346 Effective Jan 1, 2019Title 10 · Part 2 · Ch. 4.5

Statute text

(a)When a defendant has been charged with a violation of Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, 289, or 647.6, or former Section 288a, and the victim either is a person 15 years of age or younger or is developmentally disabled as a result of an intellectual disability, as specified in subdivision (a) of Section 4512 of the Welfare and Institutions Code, 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.

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Legislative history

Amended by Stats. 2018, Ch. 423, Sec. 97. (SB 1494) Effective January 1, 2019.