Section 868.7 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.
868.7
. (a) Notwithstanding any other provision of law, the
magistrate may, upon motion of the prosecutor, close the examination
in the manner described in Section 868 during the testimony of a
witness:
(1) Who is a minor or a dependent person, as defined in paragraph
(3) of subdivision (f) of Section 288, with a substantial cognitive
impairment and is the complaining victim of a sex offense, where
testimony before the general public would be likely to cause serious
psychological harm to the witness and where no alternative
procedures, including, but not limited to, video recorded deposition
or contemporaneous examination in another place communicated to the
courtroom by means of closed-circuit television, are available to
avoid the perceived harm.
(2) Whose life would be subject to a substantial risk in appearing
before the general public, and where no alternative security
measures, including, but not limited to, efforts to conceal his or
her features or physical description, searches of members of the
public attending the examination, or the temporary exclusion of other
actual or potential witnesses, would be adequate to minimize the
perceived threat.
(b) In any case where public access to the courtroom is restricted
during the examination of a witness pursuant to this section, a
transcript of the testimony of the witness shall be made available to
the public as soon as is practicable.