California Penal Code

§ 859.1

PEN § 859.1 Effective Jan 1, 2005Title 3 · Part 2 · Ch. 7

Statute 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.

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Legislative history

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