2011 California Code
Penal Code
Section 686.2

CA Penal Code § 686.2 (through 2012 Leg Sess) What's This?

(a) The court may, after holding a hearing and making the findings set forth in subdivision (b), order the removal of any spectator who is intimidating a witness.

(b) The court may order the removal of a spectator only if it finds all of the following by clear and convincing evidence:

(1) The spectator to be removed is actually engaging in intimidation of the witness.

(2) The witness will not be able to give full, free, and complete testimony unless the spectator is removed.

(3) Removal of the spectator is the only reasonable means of ensuring that the witness may give full, free, and complete testimony.

(c) Subdivision (a) shall not be used as a means of excluding the press or a defendant from attendance at any portion of a criminal proceeding.

(Added by Stats. 1990, Ch. 785, Sec. 1.)

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