- (a) The court may, after holding a hearing and making the findings set forth in subdivision (b), order the removal of any spectator who is intimidating a witness.
(b) The court may order the removal of a spectator only if it finds all of the following by clear and convincing evidence:
- (1) The spectator to be removed is actually engaging in intimidation of the witness.
- (2) The witness will not be able to give full, free, and complete testimony unless the spectator is removed.
- (3) Removal of the spectator is the only reasonable means of ensuring that the witness may give full, free, and complete testimony.
- (c) Subdivision (a) shall not be used as a means of excluding the press or a defendant from attendance at any portion of a criminal proceeding.