§ 352.1 [District Attorney Authority in Sexual Offense Proceedings]
Division 3: General Provisions | Chapter 4: Admitting and Excluding Evidence | Article 1: General Provisions
Section titles shown in [brackets] are editorial additions for navigation purposes and are not part of the official statute.
Rule Text
In any criminal proceeding under Section 261, 262, or 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 of, or former Section 288a of, the Penal Code, or in any criminal proceeding under subdivision (c) of Section 286 or subdivision (c) of Section 287 of, or former Section 288a of, the Penal Code in which the defendant is alleged to have compelled the participation of the victim by force, violence, duress, menace, or threat of great bodily harm, the district attorney may, upon written motion with notice to the defendant or the defendant’s attorney, if he or she is represented by an attorney, within a reasonable time prior to any hearing, move to exclude from evidence the current address and telephone number of any victim at the hearing.
The court may order that evidence of the victim’s current address and telephone number be excluded from any hearings conducted pursuant to the criminal proceeding if the court finds that the probative value of the evidence is outweighed by the creation of substantial danger to the victim.
Nothing in this section shall abridge or limit the defendant’s right to discover or investigate the information.
Amendment history: Amended by Stats. 2018, Ch. 423, Sec. 18. (SB 1494) Effective January 1, 2019.