Concerning Depositions In Criminal Cases In Which An At-Risk Person May Not Be Available For Trial.
Under current law, the prosecution may request to take the deposition of an at-risk adult victim or witness if the victim or witness may be unavailable at trial. The bill allows the prosecution to make the request for both at-risk adults and at-risk elders. If the motion relates to an at-risk elder, the court shall schedule the deposition. If the motion relates to an at-risk adult, there is a rebuttable presumption that the deposition should be taken to prevent injustice. The court may deny the motion if it finds that granting the motion will not prevent injustice.