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AB 1590: Judicial Proceedings (2001)


AB 1590 (2001) makes it clear that a judge may exclude and limit the contact of witnesses during a motion to suppress hearing.  The bill also codifies case law which allows the investigating officer to be present at a motion to suppress and gives equal access to the hearing by allowing the investigator for the defense attorney to also be present. 

AB 1590 also cleans up an inconsistency in the Penal Code relating to court witnesses.  Penal Code 867 allows both the investigating officer and the defendant’s investigator to be in the courtroom at a preliminary hearing during the testimony of other witnesses.  Penal Code Section 15835.5 does not provide for either individual to be at a hearing while other witnesses are testifying.

The California Supreme Court ruled that police officers can be present in the courtroom.  This bill provides the defendant’s investigator with equal access to the courtroom.  The issue was raised by Judge Quentin Kopp as a result of a case over which he presided.

Final Status and Text

AB 1590 is no longer active. Its final status was:
Signed into Law

You can read its final text on the Legislature's Bill Information site.