(a) In a criminal action, expert testimony is admissible by either the prosecution or the defense regarding the effects of human trafficking on human trafficking victims, including the nature and effect of physical, emotional, or mental abuse on the beliefs, perceptions, or behavior of human trafficking victims.

(b) The foundation shall be sufficient for admission of this expert testimony if the proponent of the evidence establishes its relevancy and the proper qualifications of the expert witness.

Terms Used In California Evidence Code 1107.5

  • Action: includes a civil action and a criminal action. See California Evidence Code 105
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Evidence: means testimony, writings, material objects, or other things presented to the senses that are offered to prove the existence or nonexistence of a fact. See California Evidence Code 140
  • expert: means a physician and surgeon, including a psychiatrist, or any person described by subdivision (b), (c), or (e) of Section 1010. See California Evidence Code 240
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(c) For purposes of this section, “human trafficking victim” is defined as a victim of an offense described in § 236.1 of the Penal Code.

(d) This section is intended as a rule of evidence only and no substantive change affecting the Penal Code is intended.

(Amended by Stats. 2017, Ch. 269, Sec. 1. (SB 811) Effective January 1, 2018.)

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