What is the current interpretation of section 868.5(a) of the California Child Support Act when the prosecution witness is a dependent adult?

California, United States of America


The following excerpt is from People v. Jones, B292624 (Cal. App. 2019):

In addition, the legislative history supports this interpretation. (See People v. Arias, supra, 45 Cal.4th at p. 177 ["If the statute is ambiguous, we may consider a variety of extrinsic aids, including legislative history, the statute's purpose, and public policy."].) Prior to 2008, section 868.5(a) allowed for support persons in relation to certain crimes, not including section 368. In 2008, S.B. 1343 added to the statute the entire phrase, "or subdivision (b), (d), or (e) of Section 368 when the prosecuting witness is the elder or dependent adult." (Stats. 2008, ch. 48 (S.B.1343), 1.) Defendant has not pointed us to any authority (and we have found none) suggesting that the language added in 2008 was intended to modify any other portion of section 868.5(a).

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