BILL NUMBER: AB 2102 INTRODUCED
BILL TEXT
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 introduced, 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.
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.
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 courtroom efficiencies resulting
in lower costs and fewer delays associated with transporting inmates
and staffing courtrooms.
(b) Advances in videoconferencing technology and equipment have
enabled a more cost-effective and comparable alternative to in-person
proceedings with secure privacy protection.
(c) Video arraignment enhances peace officer and public safety and
reduces 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.
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). If the accused agrees,
the The initial court appearance, arraignment,
and 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 shall
may 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 shall
may 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 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, the The initial court appearance,
arraignment, and 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 shall may 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 shall
may be present with the defendant or if the
attorney is not present with the defendant, the attorney
shall may 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 shall
may be present with the defendant in any county exceeding
4,000,000 persons in population.