Miscellaneous Proceedings — California Penal Code — Examination Of Witnesses Conditionally — Conditional examination of material witness

Current through the 2016 Legislative Session

(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.

Ca. Pen. Code § 1336

Amended by Stats 2005 ch 305 (AB 620),s 2, eff. 1/1/2006

Amended by Stats 2000 ch 186 (AB 1891) s 1, eff. 1/1/01.