BILL NUMBER: AB 1860	CHAPTERED
	BILL TEXT

	CHAPTER   377
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 14, 2000
	AMENDED IN ASSEMBLY   MAY 22, 2000
	AMENDED IN ASSEMBLY   MAY 8, 2000
	AMENDED IN ASSEMBLY   APRIL 3, 2000

INTRODUCED BY   Assembly Member Migden
   (Principal coauthors:  Assembly Members Dickerson and Mazzoni)
   (Coauthors:  Assembly Members Cardoza, Keeley, Knox, Shelley,
Steinberg, and Washington)
   (Coauthors:  Senators Johannessen, McPherson, Polanco, and
Vasconcellos)

                        FEBRUARY 10, 2000

   An act to add Section 1986.1 to the Code of Civil Procedure,
relating to evidence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1860, Migden.  Confidentiality:  news sources; unpublished
information.
   The California Constitution provides that a journalist, as
specified, may not be held in contempt for refusing to disclose a
news source or unpublished information gathered for news purposes.
   This bill would provide with respect to that constitutional
provision, that (1) 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 that
constitutional provision; that (2) except in exigent circumstances, a
journalist who is subpoenaed in a civil or criminal proceeding shall
be given at least 5 days' notice that his or her appearance will be
required; and that (3) if a trial court holds a journalist in
contempt of court in a criminal proceeding notwithstanding that
constitutional provision, 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
6th Amendment to the United States Constitution.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1986.1 is added to the Code of Civil Procedure,
to read:
   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) 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
exigent circumstances 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.
   (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.