Section 1238.
Cal. Evidence Code - EVID § 1238.
in effectEvidence of a statement previously made by a witness is not made inadmissible by the hearsay rule if the statement would have been admissible if made by him while testifying and:
(a)
The statement is an identification of a party or another as a person who participated in a crime or other occurrence;
(b)
The statement was made at a time when the crime or other occurrence was fresh in the witness’ memory; and
(c)
The evidence of the statement is offered after the witness testifies that he made the identification and that it was a true reflection of his opinion at that time.
Source: CA Legislative Counsel Bulk DataURL: https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zipFetched: 6/27/2026