SECTIONS 1231-1231.4 - California Statutes

EVIDENCE CODE

SECTION 1231-1231.4

1231. Evidence of a prior statement made by a declarant is not made
inadmissible by the hearsay rule if the declarant is deceased and
the proponent of introducing the statement establishes each of the
following:
(a) The statement relates to acts or events relevant to a criminal
prosecution under provisions of the California Street Terrorism
Enforcement and Prevention Act (Chapter 11 (commencing with Section
186.20) of Title 7 of Part 1 of the Penal Code).
(b) A verbatim transcript, copy, or record of the statement
exists. A record may include a statement preserved by means of an
audio or video recording or equivalent technology.
(c) The statement relates to acts or events within the personal
knowledge of the declarant.
(d) The statement was made under oath or affirmation in an
affidavit; or was made at a deposition, preliminary hearing, grand
jury hearing, or other proceeding in compliance with law, and was
made under penalty of perjury.
(e) The declarant died from other than natural causes.
(f) The statement was made under circumstances that would indicate
its trustworthiness and render the declarant's statement
particularly worthy of belief. For purposes of this subdivision,
circumstances relevant to the issue of trustworthiness include, but
are not limited to, all of the following:
(1) Whether the statement was made in contemplation of a pending
or anticipated criminal or civil matter, in which the declarant had
an interest, other than as a witness.
(2) Whether the declarant had a bias or motive for fabricating the
statement, and the extent of any bias or motive.
(3) Whether the statement is corroborated by evidence other than
statements that are admissible only pursuant to this section.
(4) Whether the statement was a statement against the declarant's
interest.

1231.1. A statement is admissible pursuant to Section 1231 only if
the proponent of the statement makes known to the adverse party the
intention to offer the statement and the particulars of the statement
sufficiently in advance of the proceedings to provide the adverse
party with a fair opportunity to prepare to meet the statement.

1231.2. A peace officer may administer and certify oaths for
purposes of this article.

1231.3. Any law enforcement officer testifying as to any hearsay
statement pursuant to this article shall either have five years of
law enforcement experience or have completed a training course
certified by the Commission on Peace Officer Standards and Training
which includes training in the investigation and reporting of cases
and testifying at preliminary hearings and trials.

1231.4. If evidence of a prior statement is introduced pursuant to
this article, the jury may not be told that the declarant died from
other than natural causes, but shall merely be told that the
declarant is unavailable.