Section 679.04 Of Title 17. Rights Of Victims And Witnesses Of Crime From California Penal Code >> Title 17. >> Part 1.
679.04
. (a) A victim of sexual assault as the result of any offense
specified in paragraph (1) of subdivision (b) of Section 264.2 has
the right to have victim advocates and a support person of the victim'
s choosing present at any interview by law enforcement authorities,
district attorneys, or defense attorneys. However, the support person
may be excluded from an interview by law enforcement or the district
attorney if the law enforcement authority or the district attorney
determines that the presence of that individual would be detrimental
to the purpose of the interview. As used in this section, "victim
advocate" means a sexual assault counselor, as defined in Section
1035.2 of the Evidence Code, or a victim advocate working in a center
established under Article 2 (commencing with Section 13835) of
Chapter 4 of Title 6 of Part 4.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the district attorney pertaining to any
criminal action arising out of a sexual assault, a victim of sexual
assault as the result of any offense specified in Section 264.2 shall
be notified orally or in writing by the attending law enforcement
authority or district attorney that the victim has the right to have
victim advocates and a support person of the victim's choosing
present at the interview or contact. This subdivision applies to
investigators and agents employed or retained by law enforcement or
the district attorney.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
district attorney shall also advise the victim of the right to have
victim advocates and a support person present at any interview by the
defense attorney or investigators or agents employed by the defense
attorney.
(c) An initial investigation by law enforcement to determine
whether a crime has been committed and the identity of the suspects
shall not constitute a law enforcement interview for purposes of this
section.