Section 1346 Of Chapter 4.5. Examination Of Victims Of Sexual Crimes From California Penal Code >> Title 10. >> Part 2. >> Chapter 4.5.
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. (a) When a defendant has been charged with a violation of
Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 288,
288a, 288.5, 289, or 647.6, and the victim either is a person 15
years of age or less or is developmentally disabled as a result of an
intellectual disability, as specified in subdivision (a) of Section
4512 of the Welfare and Institutions Code, the people may apply for
an order that the victim's testimony at the preliminary hearing, in
addition to being stenographically recorded, be video recorded and
the video recording preserved.
(b) The application for the order shall be in writing and made
three days prior to the preliminary hearing.
(c) Upon timely receipt of the application, the magistrate shall
order that the testimony of the victim given at the preliminary
hearing be taken and preserved as a video recording, in addition to
being stenographically recorded. The video recording shall be
transmitted to the clerk of the court in which the action is pending.
(d) If at the time of trial the court finds that further testimony
would cause the victim emotional trauma so that the victim is
medically unavailable or otherwise unavailable within the meaning of
Section 240 of the Evidence Code, the court may admit the video
recording of the victim's testimony at the preliminary hearing as
former testimony under Section 1291 of the Evidence Code.
(e) A video recording that is taken pursuant to this section is
subject to a protective order of the court for the purpose of
protecting the privacy of the victim. This subdivision does not
affect the provisions of subdivision (b) of Section 868.7.
(f) A video recording made pursuant to this section shall be made
available to the prosecuting attorney, the defendant, and his or her
attorney for viewing during ordinary business hours. A video
recording that is made available pursuant to this section is subject
to a protective order of the court for the purpose of protecting the
privacy of the victim.
(g) The video recording shall be destroyed after five years have
elapsed from the date of entry of judgment, except that if an appeal
is filed, the video recording shall not be destroyed until a final
judgment on appeal has been rendered.