California Evidence Code

§ 1228

EVID § 1228 Effective Jan 1, 2019Div. 10 · Ch. 2 · Art. 1

Statute text

Notwithstanding any other provision of law, for the purpose of establishing the elements of the crime in order to admit as evidence the confession of a person accused of violating Section 261, 264.1, 285, 286, 287, 288, 289, or 647a of, or former Section 288a of, the Penal Code, a court, in its discretion, may determine that a statement of the complaining witness is not made inadmissible by the hearsay rule if it finds all of the following:

(a)The statement was made by a minor child under the age of 12, and the contents of the statement were included in a written report of a law enforcement official or an employee of a county welfare department.

(b)The statement describes the minor child as a victim of sexual abuse.

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Legislative history

Amended by Stats. 2018, Ch. 423, Sec. 23. (SB 1494) Effective January 1, 2019.