Section 1336 Of Chapter 4. Examination Of Witnesses Conditionally From California Penal Code >> Title 10. >> Part 2. >> Chapter 4.
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. (a) When a material witness for the defendant, or for the
people, is about to leave the state, or is so sick or infirm as to
afford reasonable grounds for apprehension that he or she will be
unable to attend the trial, or is a person 65 years of age or older,
or a dependent adult, the defendant or the people may apply for an
order that the witness be examined conditionally.
(b) When there is evidence that the life of a witness is in
jeopardy, the defendant or the people may apply for an order that the
witness be examined conditionally.
(c) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 65, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 65,
who is admitted as an inpatient to a 24-hour facility, as defined in
Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.