Amended by Stats. 2022, Ch. 197, Sec. 25. (SB 1493) Effective January 1, 2023.
(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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