Evidence: hearsay: prior inconsistent statements.

Existing law, known as the "hearsay rule," provides that, at a hearing, evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule to permit the admission of specified kinds of evidence. Among other exceptions, certain evidence of prior inconsistent statements of a witness in the form of a video recorded statement or transcript that is properly admitted in a preliminary hearing or trial of the same criminal matter is admissible if certain conditions are met. This bill would expand this exception to the hearsay rule to include audio recorded statements if the same conditions are met. Existing law authorizes the defendant or the people, in cases where the defendant has been charged with a specified felony or arrest or where a material witness is about to leave the state, is sick or infirm, or is a dependent adult, to have a witness examined conditionally, as specified. Existing law specifies the information required to be stated in the affidavit applying to examine a witness conditionally. This bill would expand the above-described exception to the hearsay rule to include prior inconsistent statements of a witness properly admitted in a conditional examination.