California Evidence Code 1109 – (a) (1) Except as provided in subdivision (e) or (f), in a …
(a) (1) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving domestic violence, evidence of the defendant’s commission of other domestic violence is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352.
(2) Except as provided in subdivision (e) or (f), in a criminal action in which the defendant is accused of an offense involving abuse of an elder or dependent person, evidence of the defendant’s commission of other abuse of an elder or dependent person is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352.
Terms Used In California Evidence Code 1109
- Action: includes a civil action and a criminal action. See California Evidence Code 105
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Conduct: includes all active and passive behavior, both verbal and nonverbal. See California Evidence Code 125
- Criminal action: includes criminal proceedings. See California Evidence Code 130
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Dependent person: includes any person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250. See California Evidence Code 177
- 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
- hearing: means the hearing at which a question under this code arises, and not some earlier or later hearing. See California Evidence Code 145
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(3) Except as provided in subdivision (e) or (f) and subject to a hearing conducted pursuant to Section 352, which shall include consideration of any corroboration and remoteness in time, in a criminal action in which the defendant is accused of an offense involving child abuse, evidence of the defendant’s commission of child abuse is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352. Nothing in this paragraph prohibits or limits the admission of evidence pursuant to subdivision (b) of Section 1101.
(b) In an action in which evidence is to be offered under this section, the people shall disclose the evidence to the defendant, including statements of witnesses or a summary of the substance of any testimony that is expected to be offered, in compliance with the provisions of § 1054.7 of the Penal Code.
(c) This section shall not be construed to limit or preclude the admission or consideration of evidence under any other statute or case law.
(d) As used in this section:
(1) “Abuse of an elder or dependent person” means physical or sexual abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment that results in physical harm, pain, or mental suffering, the deprivation of care by a caregiver, or other deprivation by a custodian or provider of goods or services that are necessary to avoid physical harm or mental suffering.
(2) “Child abuse” means an act proscribed by Section 273d of the Penal Code.
(3) “Domestic violence” has the meaning set forth in § 13700 of the Penal Code. Subject to a hearing conducted pursuant to Section 352, which shall include consideration of any corroboration and remoteness in time, “domestic violence” has the further meaning as set forth in § 6211 of the Family Code, if the act occurred no more than five years before the charged offense.
(e) Evidence of acts occurring more than 10 years before the charged offense is inadmissible under this section, unless the court determines that the admission of this evidence is in the interest of justice.
(f) Evidence of the findings and determinations of administrative agencies regulating the conduct of health facilities licensed under § 1250 of the Health and Safety Code is inadmissible under this section.
(Amended by Stats. 2005, Ch. 464, Sec. 1. Effective January 1, 2006.)