Section 679.05 Of Title 17. Rights Of Victims And Witnesses Of Crime From California Penal Code >> Title 17. >> Part 1.
679.05
. (a) A victim of domestic violence or abuse, as defined in
Sections 6203 or 6211 of the Family Code, or Section 13700 of the
Penal Code, has the right to have a domestic violence advocate and a
support person of the victim's choosing present at any interview by
law enforcement authorities, prosecutors, or defense attorneys.
However, the support person may be excluded from an interview by law
enforcement or the prosecutor if the law enforcement authority or the
prosecutor determines that the presence of that individual would be
detrimental to the purpose of the interview. As used in this section,
"domestic violence advocate" means either a person employed by a
program specified in Section 13835.2 for the purpose of rendering
advice or assistance to victims of domestic violence, or a domestic
violence counselor, as defined in Section 1037.1 of the Evidence
Code. Prior to being present at any interview conducted by law
enforcement authorities, prosecutors, or defense attorneys, a
domestic violence advocate shall advise the victim of any applicable
limitations on the confidentiality of communications between the
victim and the domestic violence advocate.
(b) (1) Prior to the commencement of the initial interview by law
enforcement authorities or the prosecutor pertaining to any criminal
action arising out of a domestic violence incident, a victim of
domestic violence or abuse, as defined in Section 6203 or 6211 of the
Family Code, or Section 13700 of this code, shall be notified orally
or in writing by the attending law enforcement authority or
prosecutor that the victim has the right to have a domestic violence
advocate 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 prosecutor.
(2) At the time the victim is advised of his or her rights
pursuant to paragraph (1), the attending law enforcement authority or
prosecutor shall also advise the victim of the right to have a
domestic violence advocate 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.