California Health and Safety Code 1551.15 – (a) In any administrative proceeding conducted pursuant to this …
(a) In any administrative proceeding conducted pursuant to this article in which a child or other minor is the victim in an allegation of inappropriate sexual conduct, evidence of specific instances of the victim’s sexual conduct with individuals other than the alleged perpetrator is subject to all of the following limitations:
(1) The evidence is not discoverable unless it is to be offered at an administrative proceeding to attack the credibility of the victim, as provided for in subdivision (b). This paragraph is intended only to limit the scope of discovery and is not intended to affect the methods of discovery authorized by statute.
Terms Used In California Health and Safety Code 1551.15
- Allegation: something that someone says happened.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Health and Safety Code 19
- Statute: A law passed by a legislature.
(2) The evidence is not admissible at the administrative proceeding unless offered to attack the credibility of the victim, as provided for in subdivision (b).
(3) Reputation or opinion evidence regarding the sexual behavior of the victim is not admissible for any purpose.
(b) Evidence of specific instances of a victim’s sexual conduct with individuals other than the alleged perpetrator is presumed inadmissible absent an offer of proof establishing its relevance and reliability and that its probative value is not substantially outweighed by the probability that its admission will create substantial danger of undue prejudice or confuse the issues.
(c) As used in this section, “victim” means a person who claims to have been subjected to inappropriate sexual conduct by an alleged perpetrator, including, but not limited to, a person who is an adult at the time of hearing, but was under 18 years of age at the time of the alleged inappropriate sexual conduct.
(Added by Stats. 2018, Ch. 910, Sec. 17. (AB 1930) Effective January 1, 2019.)