Section 649.14 - Minor Witnesses(a) A minor witness is a person under the age of 18 who suffers an emotional injury as a direct result of seeing or hearing a violent crime, and was in close physical proximity to the victim when he or she witnessed the crime.(b) A minor witness does not include the following:(1) A minor who knowingly and willingly participated in the commission of the crime that is the basis for the minor's application pursuant to section 13957(a)(2)(B)(iii);(2) A minor who failed to cooperate reasonably with a law enforcement agency in the apprehension and conviction of a criminal committing the crime. However, in determining whether cooperation has been reasonable, the Board shall consider the witness' age, physical condition, and psychological state, cultural or linguistic barriers, any compelling health and safety concerns, including, but not limited to, a reasonable fear of retaliation or harm that would jeopardize the well-being of the witness or the witness' family, and giving due consideration to the degree of cooperation of which the witness is capable in light of the presence of any of these factors;(3) A minor involved in the events leading to the crime. The Board shall consider the witness' age, physical condition, and psychological state, as well as any compelling health and safety concerns, in determining whether the witness' application should be denied; or(4) A direct or derivative victim of the violent crime.(c) For purposes of Government Code section 13957(a)(2)(B)(iii), a violent crime shall be found to have been committed in the following crimes: (1) Murder and manslaughter (including vehicular manslaughter);(5) Assault with a deadly weapon;(6) Battery resulting in great bodily injury;(7) Rape and rape of spouse;(9) Lewd and lascivious acts;(12) Arson of inhabited dwelling; or(13) Burglary of inhabited dwelling with physical injury to an inhabitant.(d) The eligibility of a minor witness shall not be affected by the eligibility of the victim(s) or derivative victim(s).Cal. Code Regs. Tit. 2, § 649.14
1. Certificate of Compliance as to 5-19-89 emergency order including renumbering of former Sections 649.9(c) and 649.10(c) to Section 649.14 transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43). For prior history, see Register 87, No. 41.
2. Change without regulatory effect renumbering former section 649.14 to section 649.27 and renumbering former section 651.2 to section 649.14, including amendment of NOTE, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
3. Renumbering of former section 649.14 to section 649.16, subsection (b) and new section 649.14 filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
4. New subsection (d) filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1). Note: Authority cited: Sections 13920 and 13974, Government Code. Reference: Sections 13956 and 13957(a)(2)(B)(iii), Government Code.
1. Certificate of Compliance as to 5-19-89 emergency order including renumbering of former Sections 649.9(c) and 649.10(c) to Section 649.14 transmitted to OAL 9-14-89 and filed 10-16-89 (Register 89, No. 43). For prior history, see Register 87, No. 41.
2. Change without regulatory effect renumbering former section 649.14 to section 649.27 and renumbering former section 651.2 to section 649.14, including amendment of Note, filed 12-6-2007 pursuant to section 100, title 1, California Code of Regulations (Register 2007, No. 49).
3. Renumbering of former section 649.14 to section 649.16, subsection (b) and new section 649.14 filed 6-12-2009; operative 7-12-2009 (Register 2009, No. 24).
4. New subsection (d) filed 1-6-2011; operative 2-5-2011 (Register 2011, No. 1).