California Evidence Code

§ 782

EVID § 782 Effective Jan 1, 2022Div. 6 · Ch. 6 · Art. 1

Statute text

(a)In any of the circumstances described in subdivision (c), if evidence of sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness under Section 780, the following procedure shall be followed:

(1)A written motion shall be made by the defendant to the court and prosecutor stating that the defense has an offer of proof of the relevance of evidence of the sexual conduct of the complaining witness that is proposed to be presented and of its relevance in attacking the credibility of the complaining witness.

(2)The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated. The affidavit shall be filed under seal and only unsealed by the court to determine if the offer of proof is sufficient to order a hearing pursuant to paragraph (3). After that determination, the affidavit shall be resealed by the court.

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Legislative history

Amended by Stats. 2021, Ch. 24, Sec. 1. (AB 341) Effective January 1, 2022.