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Cal. Penal Code § 686.2

PRELIMINARY PROVISIONS

Applied in 1 court decision — leading case 4 Cal. 4th 376 - People v. Woodward (1992)

Most recently applied in 4 Cal. 4th 376 - People v. Woodward (December 1992)

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

(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.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.