Section 859.1 Of Chapter 7. Examination Of The Case, And Discharge Of The Defendant, Or Holding Him To Answer From California Penal Code >> Title 3. >> Part 2. >> Chapter 7.
859.1
. (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.