Today's Law As Amended


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AB-716 Court access.(2021-2022)



As Amends the Law Today


SECTION 1.

 The heading of Article 1 (commencing with Section 124) of Chapter 6 of Title 1 of Part 1 of the Code of Civil Procedure is repealed.

SEC. 2.

 The heading of Article 1 (commencing with Section 124) is added to Chapter 6 of Title 1 of Part 1 of the Code of Civil Procedure, to read:

Article  1. Open Court Access

SEC. 3.

 Section 124 of the Code of Civil Procedure is amended to read:

124.
 (a)  Except as provided in Section 214 of the Family Code or any other provision of  law, the sittings of every court shall be public.
(b) (1) The court shall not exclude the public from physical access because remote access is available, unless it is necessary to restrict or limit physical access to protect the health or safety of the public or court personnel.
(2) When a courthouse is physically closed, to the extent permitted by law, the court shall provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings. This paragraph does not apply to proceedings pursuant to Section 214 of the Family Code or other law that authorizes or requires a proceeding to be closed.
(c) (1) Transcripts produced from remote access recordings shall not be deemed to be official verbatim records and are inadmissible for purposes of any court proceeding, including appeals.
(2) Consistent with paragraph (2) of subdivision (f) of Section 28 of Article I of the California Constitution, this subdivision does not exclude relevant evidence that would otherwise be admissible in a criminal proceeding.
(3) This section does not authorize the creation of an official court record by anyone other than a certified shorthand reporter present in person in the courtroom for the purpose of creating the official record.