Section 782.1 Of Article 1. Credibility Generally From California Evidence Code >> Division 6. >> Chapter 6. >> Article 1.
782.1
. In any prosecution under Sections 647 and 653.22 of the
Penal Code, if the possession of one or more condoms is to be
introduced as evidence in support of the commission of the crime, the
following procedure shall be followed:
(a) A written motion shall be made by the prosecutor to the court
and to the defendant stating that the prosecution has an offer of
proof of the relevancy of the possession by the defendant of one or
more condoms.
(b) 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
subdivision (c). After that determination, the affidavit shall be
resealed by the court.
(c) If the court finds that the offer of proof is sufficient, the
court shall order a hearing out of the presence of the jury, if any,
and at the hearing allow questioning regarding the offer of proof
made by the prosecution.
(d) At the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the prosecutor regarding the
possession of condoms is relevant pursuant to Section 210, and is not
inadmissible pursuant to Section 352, the court may make an order
stating what evidence may be introduced by the prosecutor. The
prosecutor may then offer evidence pursuant to the order of the
court.
(e) An affidavit resealed by the court pursuant to subdivision (b)
shall remain sealed, unless the defendant raises an issue on appeal
or collateral review relating to the offer of proof contained in the
sealed document. If the defendant raises that issue on appeal, the
court shall allow the Attorney General and appellate counsel for the
defendant access to the sealed affidavit. If the issue is raised on
collateral review, the court shall allow the district attorney and
defendant's counsel access to the sealed affidavit. The use of the
information contained in the affidavit shall be limited solely to the
pending proceeding.