Section 1228 Of Article 1. Confessions And Admissions From California Evidence Code >> Division 10. >> Chapter 2. >> Article 1.
1228
. 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, 288, 288a, 289, or 647a 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.
(c) The statement was made prior to the defendant's confession.
The court shall view with caution the testimony of a person
recounting hearsay where there is evidence of personal bias or
prejudice.
(d) There are no circumstances, such as significant
inconsistencies between the confession and the statement concerning
material facts establishing any element of the crime or the
identification of the defendant, that would render the statement
unreliable.
(e) The minor child is found to be unavailable pursuant to
paragraph (2) or (3) of subdivision (a) of Section 240 or refuses to
testify.
(f) The confession was memorialized in a trustworthy fashion by a
law enforcement official.
If the prosecution intends to offer a statement of the complaining
witness pursuant to this section, the prosecution shall serve a
written notice upon the defendant at least 10 days prior to the
hearing or trial at which the prosecution intends to offer the
statement.
If the statement is offered during trial, the court's
determination shall be made out of the presence of the jury. If the
statement is found to be admissible pursuant to this section, it
shall be admitted out of the presence of the jury and solely for the
purpose of determining the admissibility of the confession of the
defendant.