California statute
Cal. Penal Code § 1346.1
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Chapter 4.5: Examination of Victims of Sexual Crimes, California Penal Code.
Full text of Cal. Penal Code § 1346.1
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
(a) When a defendant has been charged with a violation of Section 261, if the victim is the spouse of the defendant, former Section 262, or subdivision (a) of Section 273.5, the people may apply for an order that the victim’s testimony at the preliminary hearing, in addition to being stenographically recorded, be video recorded and the video recording preserved. (b) The application for the order shall be in writing and made three days prior to the preliminary hearing. (c) Upon timely receipt of the application, the magistrate shall order that the testimony of the victim given at the preliminary hearing be taken and preserved as a video recording, in addition to being stenographically recorded. The video recording shall be transmitted to the clerk of the court in which the action is pending. (d) If the victim’s prior testimony given at the preliminary hearing is admissible pursuant to the Evidence Code, then the video recording of that testimony may be introduced as evidence at trial.
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