Hearsay evidence: exceptions: medical diagnosis or treatment.

Existing law establishes the hearsay rule, which provides that evidence of a statement that was made other than by a witness while testifying at a hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the hearsay rule for certain statements made for purposes of medical diagnosis or treatment by a victim when under 12 years of age describing acts of child abuse or child neglect, as specified. This bill would additionally make an exception to the hearsay rule for certain statements for purposes of medical diagnosis or treatment made by a domestic violence victim describing any act, or attempted act, of domestic violence, as defined. The bill would require the consent of the domestic violence victim for the statement to be used in a prosecution. The bill would require a prosecutor to disclose the existence of a statement and the prosecutor's intent to use the statement to the defense at least 30 days prior to any proceeding in which the prosecution intends to have the statement admitted. The bill would limit applicability of this provision to criminal cases.