Enrolled September 15, 2021 Passed IN Senate September 10, 2021 Passed IN Assembly September 10, 2021 Amended IN Senate September 03, 2021 Amended IN Senate July 15, 2021 Amended IN Assembly March 25, 2021 Amended IN Assembly March 16, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 716Introduced by Assembly Member BennettFebruary 16, 2021 An act to amend Section 124 of, and to repeal and add the heading of Article 1 (commencing with Section 124) of Chapter 6 of Title 1 of Part 1 of, the Code of Civil Procedure, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 716, Bennett. Court access.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 prohibit a court from excluding the public from physical access to the court 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. The bill would require the court to provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings when the courthouse is physically closed, except when the law authorizes or requires the proceedings to be closed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows: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heading of Article 1 (commencing with Section 124) of Chapter 6 of Title 1 of Part 1 of the Code of Civil Procedure is repealed.SEC. 2.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 AccessSEC. 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 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.
Enrolled September 15, 2021 Passed IN Senate September 10, 2021 Passed IN Assembly September 10, 2021 Amended IN Senate September 03, 2021 Amended IN Senate July 15, 2021 Amended IN Assembly March 25, 2021 Amended IN Assembly March 16, 2021 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 716Introduced by Assembly Member BennettFebruary 16, 2021 An act to amend Section 124 of, and to repeal and add the heading of Article 1 (commencing with Section 124) of Chapter 6 of Title 1 of Part 1 of, the Code of Civil Procedure, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 716, Bennett. Court access.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 prohibit a court from excluding the public from physical access to the court 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. The bill would require the court to provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings when the courthouse is physically closed, except when the law authorizes or requires the proceedings to be closed.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Enrolled September 15, 2021 Passed IN Senate September 10, 2021 Passed IN Assembly September 10, 2021 Amended IN Senate September 03, 2021 Amended IN Senate July 15, 2021 Amended IN Assembly March 25, 2021 Amended IN Assembly March 16, 2021
Enrolled September 15, 2021
Passed IN Senate September 10, 2021
Passed IN Assembly September 10, 2021
Amended IN Senate September 03, 2021
Amended IN Senate July 15, 2021
Amended IN Assembly March 25, 2021
Amended IN Assembly March 16, 2021
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 716
Introduced by Assembly Member BennettFebruary 16, 2021
Introduced by Assembly Member Bennett
February 16, 2021
An act to amend Section 124 of, and to repeal and add the heading of Article 1 (commencing with Section 124) of Chapter 6 of Title 1 of Part 1 of, the Code of Civil Procedure, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 716, Bennett. Court access.
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 prohibit a court from excluding the public from physical access to the court 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. The bill would require the court to provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings when the courthouse is physically closed, except when the law authorizes or requires the proceedings to be closed.
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 prohibit a court from excluding the public from physical access to the court 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. The bill would require the court to provide, at a minimum, a public audio stream or telephonic means by which to listen to the proceedings when the courthouse is physically closed, except when the law authorizes or requires the proceedings to be closed.
## Digest Key
## Bill Text
The people of the State of California do enact as follows: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 AccessSEC. 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 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
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.
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.
### SECTION 1.
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. 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:
### SEC. 2.
Article 1. Open Court Access
Article 1. Open Court Access
Article 1. Open Court Access
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 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.
SEC. 3. Section 124 of the Code of Civil Procedure is amended to read:
### SEC. 3.
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.
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.
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.
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.