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California Code of Civil Procedure Section 1986.1

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1986.1

1986.1.  (a) No testimony or other evidence given by a journalist
under subpoena in a civil or criminal proceeding may be construed as
a waiver of the immunity rights provided by subdivision (b) of
Section 2 of Article I of the California Constitution.
   (b) (1) Because important constitutional rights of a third-party
witness are adjudicated when rights under subdivision (b) of Section
2 of Article I of the California Constitution are asserted, except in
circumstances that pose a clear and substantial threat to the
integrity of the criminal investigation or present an imminent risk
of death or serious bodily harm, a journalist who is subpoenaed in
any civil or criminal proceeding shall be given at least five days'
notice by the party issuing the subpoena that his or her appearance
will be required.
   (2) To protect against the inadvertent disclosure by a third party
of information protected by Section 2 of Article I of the California
Constitution, a party issuing a subpoena in any civil or criminal
proceeding to a third party that seeks the records of a journalist
shall, except in circumstances that pose a clear and substantial
threat to the integrity of the criminal investigation or present an
imminent risk of death or serious bodily harm, provide notice of the
subpoena to the journalist and the publisher of the newspaper,
magazine, or other publication or station operations manager of the
broadcast station that employs or contracts with the journalist, as
applicable, at least five days prior to issuing the subpoena. The
party issuing the subpoena shall include in the notice, at a minimum,
an explanation of why the requested records will be of material
assistance to the party seeking them and why alternate sources of
information are not sufficient to avoid the need for the subpoena.
   (c) If a trial court holds a journalist in contempt of court in a
criminal proceeding notwithstanding subdivision (b) of Section 2 of
Article I of the California Constitution, the court shall set forth
findings, either in writing or on the record, stating at a minimum,
why the information will be of material assistance to the party
seeking the evidence, and why alternate sources of the information
are not sufficient to satisfy the defendant's right to a fair trial
under the Sixth Amendment to the United States Constitution and
Section 15 of Article I of the California Constitution.
   (d) As used in this section, "journalist" means the persons
specified in subdivision (b) of Section 2 of Article I of the
California Constitution.
Section: Previous  1985.3  1985.4  1985.5  1985.6  1985.7  1985.8  1986  1986.1  1986.5  1987  1987.1  1987.2  1987.3  1987.5  1988  Next

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