§ 859.1. — 859.1. (Amended by Stats. 2004, Ch. 823, Sec. 11.)

California § 859.1.

• Jurisdiction: California
• Code PEN: Penal Code - PEN
• Title: 3.
• Part 2.: TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE
• Ch. 7.: CHAPTER 7. Examination of the Case, and Discharge of the Defendant, or Holding Him to Answer

Text

(a)
In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.8 on a minor under the age of 16 years, or a dependent person with a substantial cognitive impairment, as defined in paragraph (3) of subdivision (f) of Section 288, the court shall, upon motion of the prosecuting attorney, conduct a hearing to determine whether the testimony of, and testimony relating to, a minor or dependent person shall be closed to the public in order to protect the minor’s or the dependent person’s reputation.
(b)
In making this determination, the court shall consider all of the following:
(1)
The nature and seriousness of the offense.
(2)
The age of the minor, or the level of cognitive development of the dependent person.
(3)
The extent to which the size of the community would preclude the anonymity of the victim.
(4)
The likelihood of public opprobrium due to the status of the victim.
(5)
Whether there is an overriding public interest in having an open hearing.
(6)
Whether the prosecution has demonstrated a substantial probability that the identity of the witness would otherwise be disclosed to the public during that proceeding, and demonstrated a substantial probability that the disclosure of his or her identity would cause serious harm to the witness.
(7)
Whether the witness has disclosed information concerning the case to the public through press conferences, public meetings, or other means.
(8)
Other factors the court may deem necessary to protect the interests of justice.

Legislative History

Amended by Stats. 2004, Ch. 823, Sec. 11. Effective January 1, 2005.