Court proceedings: media access., the official text

An act to amend Section 124 of the Code of Civil Procedure, relating to courts.

LEGISLATIVE COUNSEL'S DIGEST

The California Constitution vests the judicial power of the state in the Supreme Court, courts of appeal, and superior courts. Existing law requires the sittings of every court to be public, except as authorized.
This bill would bar a judicial officer, peace officer, or other law enforcement officer from prohibiting a member of the press or public from accessing court proceedings that are open to the public. The bill would authorize a violation of that provision to be subject to civil penalties, as specified.

The people of the State of California do enact as follows:

SECTION 1.
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 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.
(3) For purposes of this subdivision, “remote access” shall include, but is not limited to, an audio stream that is available on an internet website or telephonic means to listen to a court proceeding.
(c) (1) A judicial officer, peace officer, or other law enforcement officer shall not prohibit a member of the press or public from entering a courtroom, court facility, or other location where a court proceeding that is open to the public is being conducted except as necessary for the court to maintain order and manage proceedings pursuant to Section 128 or any other applicable statute or rule of court.
(2) A violation of this subdivision may be subject to civil penalties pursuant to an action under Section 52.1 of the Civil Code.
(d) Nothing in this section shall be construed to limit, restrict, or reduce any right of access provided by law.