California Penal Code

§ 1347.1

PEN § 1347.1 Effective Jan 1, 2018Title 10 · Part 2 · Ch. 4.5

Statute text

(a)In any criminal proceeding in which a defendant is charged with a violation of Section 236.1, upon written notice by the prosecutor made at least three days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled, or during the course of the proceeding on the court’s own motion, may order that the testimony of a minor 15 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes all of the following findings:

(1)The minor’s testimony will involve a recitation of the facts of an alleged offense of human trafficking, as defined in Section 236.1.

(2)(A) The impact on the minor of one or more of the factors enumerated in clauses (i) to (v), inclusive, is shown by clear and convincing evidence to be so substantial as to make the minor unavailable as a witness unless closed-circuit testimony is used.

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Legislative history

Amended by Stats. 2017, Ch. 269, Sec. 9. (SB 811) Effective January 1, 2018.