Bill Text: CA AB2102 | 2009-2010 | Regular Session | Amended
Bill Title: Criminal procedure: court proceedings.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-17 - In committee: Set, second hearing. Hearing canceled at the request of author. [AB2102 Detail]
Download: California-2009-AB2102-Amended.html
BILL NUMBER: AB 2102 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 19, 2010
INTRODUCED BY Assembly Member Lieu
FEBRUARY 18, 2010
An act to amend Section 977 of the Penal Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2102, as amended, Lieu. Criminal procedure: court proceedings.
Existing law provides that in a misdemeanor proceeding, if the
accused agrees, the initial court appearance, arraignment, and plea
may be by video, as specified. Existing law provides that if
the accused is charged with a misdemeanor offense involving domestic
violence, as specified, the defendant shall be present in certain
court proceedings.
This bill would remove the requirement that the accused agree to
making these appearances by video and would remove the requirement
that the accused shall be personally present pursuant to these
provisions.
This bill would instead provide that if the accused agrees, any
court appearance not involving testimonial evidence, including, but
not limited to, the initial court appearance, arraignment, or plea
may be by video.
Existing law provides that in all cases in which a felony is
charged, the accused shall be present at specified court proceedings
and provides a process for the accused to waive his or her right to
be personally present at all other proceedings, as specified.
Existing law provides that if the accused agrees, the initial court
appearance, arraignment, and plea may be by video, as specified.
This bill would remove the requirement that the accused be present
at specified court proceedings, including those involving the
presentation of and arguments on questions of fact and law and
proceedings to be confronted by and cross-examine all witnesses, and
remove the waiver process and instead provide that the accused may be
present at all court proceedings. The bill would remove the
requirement that the accused agree to making the appearances noted
above by video.
Existing law provides that if the defendant is represented by
counsel, the attorney shall be present at specified court proceedings
conducted via two-way electronic audiovideo communication. Existing
law provides that the defendant shall have the right to make his or
her plea while physically present in the courtroom if he or she so
requests and provides for the waiver of this right.
This bill would remove the requirement that the defendant's
attorney be present at these proceedings. The bill would remove the
defendant's right to make his or her plea while physically present in
the courtroom.
This bill would instead provide that if the accused agrees, any
court appearance not involving testimonial evidence, including, but
not limited to, the initial court appearance, arraignment, or plea
may be by video.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Video arraignment increases
appearances increase courtroom efficiencies resulting in lower
costs and , fewer delays associated
with transporting inmates and staffing courtrooms ,
and safer conditions for defendants by utilizing technology .
(b) Advances in videoconferencing technology and
equipment have enabled a more
created cost-effective and comparable alternative
alternatives to in-person proceedings with
secure privacy protection.
(c) Video arraignment enhances appearances
enhance peace officer and public safety and reduces
reduce risks associated with transporting
inmates between the jail and the courtroom.
(d) Transportation and personnel expenses associated with
providing security and supervision for inmates who are being
transported between the jail and courtroom are reduced with the use
of videoconferencing technology.
(e) Jail release efficiencies can be realized with video
arraignment proceedings.
(d) Appearing via video is often a preferred option for
defendants.
SEC. 2. Section 977 of the Penal Code is amended to read:
977. (a) (1) In all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except as
provided in paragraphs (2) and (3). The If
the accused agrees, any court appearance not involving testimonial
evidence, including, but not limited to, the initial court
appearance, arraignment, and or plea
, may be by video, as provided by subdivision (c).
(2) If the accused is charged with a misdemeanor offense involving
domestic violence, as defined in Section 6211 of the Family Code, or
a misdemeanor violation of Section 273.6, the accused may
shall be present for arraignment and sentencing,
and at any time during the proceedings when ordered by the court for
the purpose of being informed of the conditions of a protective
order issued pursuant to Section 136.2.
(3) If the accused is charged with a misdemeanor offense involving
driving under the influence, in an appropriate case, the court may
order a defendant to be present for arraignment, at the time of plea,
or at sentencing. For purposes of this paragraph, a misdemeanor
offense involving driving under the influence shall include a
misdemeanor violation of any of the following:
(A) Subdivision (b) of Section 191.5.
(B) Section 23103 as specified in Section 23103.5 of the Vehicle
Code.
(C) Section 23152 of the Vehicle Code.
(D) Section 23153 of the Vehicle Code.
(b) (1) In all cases in which a felony is
charged, the accused may shall be
present at the arraignment, at the time of plea, during the
preliminary hearing, during those portions of the trial when evidence
is taken before the trier of fact, and at the time of the imposition
of sentence. The The accused shall be
personally present at all other proceedings unless he or she shall,
with leave of court, execute in open court, a written waiver of his
or her right to be personally present, as provided by paragraph (2).
If the accused agrees, any court appearance not involving testimonial
evidence, including, but not limited to, the initial court
appearance, arraignment, and or plea
, may be by video, as provided by subdivision (c).
(2) The accused may execute a written waiver of his or her right
to be personally present, approved by his or her counsel, and the
waiver shall be filed with the court. However, the court may
specifically direct the defendant to be personally present at any
particular proceeding or portion thereof. The waiver shall be
substantially in the following form:
"Waiver of Defendant's Personal Presence"
"The undersigned defendant, having been advised of his or her
right to be present at all stages of the proceedings, including, but
not limited to, presentation of and arguments on questions of fact
and law, and to be confronted by and cross-examine all witnesses,
hereby waives the right to be present at the hearing of any motion or
other proceeding in this cause. The undersigned defendant hereby
requests the court to proceed during every absence of the defendant
that the court may permit pursuant to this waiver, and hereby agrees
that his or her interest is represented at all times by the presence
of his or her attorney the same as if the defendant were personally
present in court, and further agrees that notice to his or her
attorney that his or her presence in court on a particular day at a
particular time is required is notice to the defendant of the
requirement of his or her appearance at that time and place."
(c) The court may permit the initial court appearance and
arraignment of defendants held in any state, county, or local
facility within the county on felony or misdemeanor charges, except
for those defendants who were indicted by a grand jury, to be
conducted by two-way electronic audiovideo communication between the
defendant and the courtroom in lieu of the physical presence of the
defendant in the courtroom. If the defendant is represented by
counsel, the attorney may shall be
present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment. However, if
the defendant is represented by counsel at an arraignment on an
information in a felony case, and if the defendant does not plead
guilty or nolo contendere to any charge, the attorney may
shall be present with the defendant or if the
attorney is not present with the defendant, the attorney may
shall be present in court during the hearing.
The defendant shall have the right to make his or her plea while
physically present in the courtroom if he or she so requests. If the
defendant decides not to exercise the right to be physically present
in the courtroom, he or she shall execute a written waiver of that
right. A judge may order a defendant's personal appearance in
court for the initial court appearance and arraignment. In a
misdemeanor case, a judge may, pursuant to this subdivision, accept a
plea of guilty or no contest from a defendant who is not physically
in the courtroom. In a felony case, a judge may, pursuant to this
subdivision, accept a plea of guilty or no contest from a defendant
who is not physically in the courtroom if the parties stipulate
thereto.
(d) Notwithstanding subdivision (c), if the defendant is
represented by counsel, the attorney may
shall be present with the defendant in any county exceeding
4,000,000 persons in population.
