SECTIONS 780-783 - California Statutes

EVIDENCE CODE

SECTION 780-783

780. Except as otherwise provided by statute, the court or jury may
consider in determining the credibility of a witness any matter that
has any tendency in reason to prove or disprove the truthfulness of
his testimony at the hearing, including but not limited to any of the
following:
(a) His demeanor while testifying and the manner in which he
testifies.
(b) The character of his testimony.
(c) The extent of his capacity to perceive, to recollect, or to
communicate any matter about which he testifies.
(d) The extent of his opportunity to perceive any matter about
which he testifies.
(e) His character for honesty or veracity or their opposites.
(f) The existence or nonexistence of a bias, interest, or other
motive.
(g) A statement previously made by him that is consistent with his
testimony at the hearing.
(h) A statement made by him that is inconsistent with any part of
his testimony at the hearing.
(i) The existence or nonexistence of any fact testified to by him.
(j) His attitude toward the action in which he testifies or toward
the giving of testimony.
(k) His admission of untruthfulness.

782. (a) In any of the circumstances described in subdivision (c),
if evidence of sexual conduct of the complaining witness is offered
to attack the credibility of the complaining witness under Section
780, the following procedure shall be followed:
(1) A written motion shall be made by the defendant to the court
and prosecutor stating that the defense has an offer of proof of the
relevancy of evidence of the sexual conduct of the complaining
witness proposed to be presented and its relevancy in attacking the
credibility of the complaining witness.
(2) The written motion shall be accompanied by an affidavit in
which the offer of proof shall be stated. The affidavit shall be
filed under seal and only unsealed by the court to determine if the
offer of proof is sufficient to order a hearing pursuant to paragraph
(3). After that determination, the affidavit shall be resealed by
the court.
(3) If the court finds that the offer of proof is sufficient, the
court shall order a hearing out of the presence of the jury, if any,
and at the hearing allow the questioning of the complaining witness
regarding the offer of proof made by the defendant.
(4) At the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the defendant regarding the sexual
conduct of the complaining witness is relevant pursuant to Section
780, and is not inadmissible pursuant to Section 352, the court may
make an order stating what evidence may be introduced by the
defendant, and the nature of the questions to be permitted. The
defendant may then offer evidence pursuant to the order of the court.
(5) An affidavit resealed by the court pursuant to paragraph (2)
shall remain sealed, unless the defendant raises an issue on appeal
or collateral review relating to the offer of proof contained in the
sealed document. If the defendant raises that issue on appeal, the
court shall allow the Attorney General and appellate counsel for the
defendant access to the sealed affidavit. If the issue is raised on
collateral review, the court shall allow the district attorney and
defendant's counsel access to the sealed affidavit. The use of the
information contained in the affidavit shall be limited solely to the
pending proceeding.
(b) As used in this section, "complaining witness" means:
(1) The alleged victim of the crime charged, the prosecution of
which is subject to this section, pursuant to paragraph (1) of
subdivision (c).
(2) An alleged victim offering testimony pursuant to paragraph (2)
or (3) of subdivision (c).
(c) The procedure provided by subdivision (a) shall apply in any
of the following circumstances:
(1) In a prosecution under Section 261, 262, 264.1, 286, 288,
288a, 288.5, or 289 of the Penal Code, or for assault with intent to
commit, attempt to commit, or conspiracy to commit any crime defined
in any of those sections, except if the crime is alleged to have
occurred in a local detention facility, as defined in Section 6031.4
of the Penal Code, or in the state prison, as defined in Section
4504.
(2) When an alleged victim testifies pursuant to subdivision (b)
of Section 1101 as a victim of a crime listed in Section 243.4, 261,
261.5, 269, 285, 286, 288, 288a, 288.5, 289, 314, or 647.6 of the
Penal Code, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in the state prison, as defined in Section 4504 of the Penal
Code.
(3) When an alleged victim of a sexual offense testifies pursuant
to Section 1108, except if the crime is alleged to have occurred in a
local detention facility, as defined in Section 6031.4 of the Penal
Code, or in the state prison, as defined in Section 4504 of the Penal
Code.

783. In any civil action alleging conduct which constitutes sexual
harassment, sexual assault, or sexual battery, if evidence of sexual
conduct of the plaintiff is offered to attack credibility of the
plaintiff under Section 780, the following procedures shall be
followed:
(a) A written motion shall be made by the defendant to the court
and the plaintiff's attorney stating that the defense has an offer of
proof of the relevancy of evidence of the sexual conduct of the
plaintiff proposed to be presented.
(b) The written motion shall be accompanied by an affidavit in
which the offer of proof shall be stated.
(c) If the court finds that the offer of proof is sufficient, the
court shall order a hearing out of the presence of the jury, if any,
and at the hearing allow the questioning of the plaintiff regarding
the offer of proof made by the defendant.
(d) At the conclusion of the hearing, if the court finds that
evidence proposed to be offered by the defendant regarding the sexual
conduct of the plaintiff is relevant pursuant to Section 780, and is
not inadmissible pursuant to Section 352, the court may make an
order stating what evidence may be introduced by the defendant, and
the nature of the questions to be permitted. The defendant may then
offer evidence pursuant to the order of the court.