Today's Law As Amended


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SB-1171 Hearsay evidence: exceptions: medical diagnosis or treatment.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 1253 of the Evidence Code is amended to read:

1253.
 Subject to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies to either of the following:
Subject (a)   to Section 1252, evidence of a statement is not made inadmissible by the hearsay rule if the statement was made for purposes of medical diagnosis or treatment and describes medical history, or past or present symptoms, pain, or sensations, or the inception or general character of the cause or external source thereof insofar as reasonably pertinent to diagnosis or treatment. This section applies only to a statement made by a  A statement made by a  victim who is a minor at the time of the proceedings, provided the statement was made when the victim was under the age 12 years  of 12 age  describing any act, or attempted act, of child abuse or neglect. “Child abuse” and “child neglect,” for purposes of this section, have the meanings provided in subdivision (c) of Section 1360. In addition, “child abuse” means any act proscribed by Chapter 5 (commencing with Section 281) of Title 9 of Part 1 of the Penal Code committed against a minor.
(b) A statement made by a domestic violence victim describing any act, or attempted act, of domestic violence. “Domestic violence” for the purposes of this section has the same meaning as provided in subdivision (c) of Section 1107.
(1) Use of a statement under this subdivision for the purpose of prosecution shall only be permissible if the domestic violence victim consents to its use.
(2) The existence of a statement under this subdivision and the prosecution’s intention to use it shall be disclosed to the defense at least 30 days prior to any proceeding for which the prosecution intends to have the statement admitted.
(3) This subdivision only applies to criminal cases.