(a) When a material witness for the defendant, or for the people, is about to leave
the state, or is so sick or infirm as to afford reasonable grounds for apprehension
that he or she will be unable to attend the trial, or is a person 65 years of age
or older, or a dependent adult, the defendant or the people may apply for an order
that the witness be examined conditionally.
(b) When there is evidence that the life of a witness is in jeopardy, the defendant
or the people may apply for an order that the witness be examined conditionally.
(c) As used in this section, “dependent adult” means a person, regardless of whether the person lives independently, who is between the ages of 18 and 65, who has physical or mental limitations which
restrict his or her ability to carry out normal activities or to protect his or her
rights, including, but not limited to, persons who have physical or developmental
disabilities or whose physical or mental abilities have diminished because of age. “Dependent adult” includes any person between the ages of 18 and 65, who is admitted as an inpatient
to a 24-hour facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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