Section 1293 Of Article 9. Former Testimony From California Evidence Code >> Division 10. >> Chapter 2. >> Article 9.
1293
. (a) Evidence of former testimony made at a preliminary
examination by a minor child who was the complaining witness is not
made inadmissible by the hearsay rule if:
(1) The former testimony is offered in a proceeding to declare the
minor a dependent child of the court pursuant to Section 300 of the
Welfare and Institutions Code.
(2) The issues are such that a defendant in the preliminary
examination in which the former testimony was given had the right and
opportunity to cross-examine the minor child with an interest and
motive similar to that which the parent or guardian against whom the
testimony is offered has at the proceeding to declare the minor a
dependent child of the court.
(b) The admissibility of former testimony under this section is
subject to the same limitations and objections as though the minor
child were testifying at the proceeding to declare him or her a
dependent child of the court.
(c) The attorney for the parent or guardian against whom the
former testimony is offered or, if none, the parent or guardian may
make a motion to challenge the admissibility of the former testimony
upon a showing that new substantially different issues are present in
the proceeding to declare the minor a dependent child than were
present in the preliminary examination.
(d) As used in this section, "complaining witness" means the
alleged victim of the crime for which a preliminary examination was
held.
(e) This section shall apply only to testimony made at a
preliminary examination on and after January 1, 1990.