Bill Text: CA SB199 | 2021-2022 | Regular Session | Amended
Bill Title: Courts.
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2022-06-30 - Re-referred to Com. on BUDGET pursuant to Assembly Rule 97. [SB199 Detail]
Download: California-2021-SB199-Amended.html
Amended
IN
Assembly
June 26, 2022 |
Introduced by Committee on Budget and Fiscal Review |
January 08, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.
Digest Key
Vote: MAJORITY Appropriation:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
It is the intent of the Legislature to provide greater access to justice while maintaining the integrity of criminal proceedings through the use of remote technology. It is further the intent of the Legislature that, when using remote technology, the court shall maintain criminal proceedings consistent with the standards of in-person criminal proceedings and protect the due process rights of defendants and victims.SEC. 2.
Section 29554 is added to the Government Code, to read:29554.
(a) The amount specified in Chapter 257 of the Statutes of 2021 shall be appropriated according to the methodology specified within this section to counties to provide fiscal relief due to the repeal of the fees specified in Chapter 257 of the Statutes of 2021.SEC. 3.
Section 68085 of the Government Code is amended to read:68085.
(a) (1) There is hereby established the Trial Court Trust Fund, the proceeds of which shall be apportioned for the purposes authorized in this section, including apportionment to the trial courts to fund trial court operations, as defined in Section 77003.SEC. 4.
Section 68085.1 of the Government Code is amended to read:68085.1.
(a) This section applies to all fees and fines that are collected on or after January 1, 2006, under all of the following:SEC. 5.
Section 68085.7 of the Government Code is amended to read:68085.7.
(a) (1) Notwithstanding any other provision of law, Section 68085.5 does not apply to the following fees and fines collected on or after July 1, 2005: any fees and fines specified in subdivision (a) or (b) of Section 68085.5, Section 177.5 or 1218 of the Code of Civil Procedure, or Section 166 or 1214.1 of the Penal Code. Commencing July 1, 2005, and except as otherwise provided in subdivision (g), these fees and fines shall be distributed as provided by Section 68085, except that the fees listed in subdivision (b) of Section 68085.5 and the fee in Section 1835 of the Probate Code shall be distributed to the court or the county, whichever provided the services for which the fee is charged or incurred the costs reimbursed by the fee.SEC. 6.
Section 68632 of the Government Code is amended to read:68632.
Permission to proceed without paying court fees and costs because of an applicant’s financial condition shall be granted initially to all of the following persons:SEC. 7.
Section 68645.2 of the Government Code is amended to read:68645.2.
(a) By June 30, 2024, every court shall offer online ability-to-pay determinations using the tool developed by the Judicial Council. The following shall apply to ability-to-pay determinations made pursuant to this article:SEC. 8.
Section 68645.4 of the Government Code is amended to read:68645.4.
(a) A court may offerSEC. 9.
Section 68645.5 of the Government Code is amended to read:68645.5.
(a) No later than February 1, 2022, and annually until February 1, 2025, the Judicial Council shall provide to the Legislature a report including the following information from participating courts that have adopted online ability-to-pay determinations for infraction violations:SEC. 10.
Section 71651.1 is added to the Government Code, to read:71651.1.
(a) Consistent with federal and California labor law, a trial court shall not retaliate against an official reporter or official reporter pro tempore who notifies the judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote proceeding pursuant to subdivisions (f) and (g) of Section 977 of the Penal Code.SEC. 11.
Section 76223 of the Government Code is repealed.Notwithstanding any other provision of law, the following conditions pertain to the construction of court facilities in Merced County by the County of Merced for any construction pursuant to a written agreement entered into prior to January 1, 2004, between the board of supervisors and the presiding judge of the superior court:
(a)Revenue received in Merced County from civil assessments for Failure to Appear, pursuant to Section 1214.1 of the Penal Code, shall be available, in an annual amount not to exceed the amount agreed upon by the board of supervisors and the presiding judge of the superior court, for the purpose of augmenting other funds made available for
construction.
(b)The presiding judge of the superior court may agree to make available court funds, up to a stated amount, other than funds received from the Trial Court Trust Fund or other state sources, in the courthouse construction fund.
(c)The total amounts deposited under subdivision (a) may not exceed in any fiscal year the amount payable on the construction costs less (1) any amounts paid by the courthouse construction fund and (2) any other amounts paid from other sources except for any amounts paid pursuant to subdivision (b).
(d)The total amounts deposited under subdivision (b) shall not exceed in any fiscal year the amount payable on the construction costs less (1) any amounts paid by the courthouse
construction fund, (2) any amounts paid pursuant to subdivision (a) of this section, and (3) any other amounts paid from other sources except for any amounts paid pursuant to subdivision (b).
(e)The revenue sources provided for by this section may be transferred to the state.
(f)As used in this section, the costs of construction also includes the payment on the bonded indebtedness or other encumbrance used to finance the construction.
SEC. 12.
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, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment,(2)The accused may execute a written waiver of their right to be personally present, approved by their 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
“Waiver of Defendant’s Personal Physical or Remote Presence”
(c)(1)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 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 be present with the defendant or if the attorney is not present with the defendant, the attorney shall be present in court during the hearing. The defendant shall have the right to make their plea while physically present in the courtroom if they request to do so. If the defendant decides not to exercise the right to be physically
present in the courtroom they 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.
(2)(A)A defendant who does not wish to be personally present for noncritical portions of the trial when no testimonial evidence is taken may make an oral waiver in open court prior to the proceeding or may submit a written request to the court, which the court may grant in its discretion. The court may, when a defendant has waived the right to be personally present, require a defendant held in any state, county, or local facility within the county on felony or misdemeanor charges to be present for noncritical portions of the trial when no testimonial evidence is taken, including, but not limited to, confirmation of the preliminary hearing, status conferences, trial readiness conferences, discovery motions, receipt of records, the setting of the trial date, a motion to vacate the trial date, and motions in limine, 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 not be required to be personally present with the defendant for noncritical portions of the trial, if the audiovideo conferencing system or other technology allows for private communication between the defendant and the attorney prior to and during the noncritical portion of trial. Any private communication shall be confidential and privileged pursuant to Section 952 of the Evidence Code.
SEC. 13.
Section 977 is added to the Penal Code, to read:977.
(a) (1) In all cases in which the accused is charged with a misdemeanor only, they may appear by counsel only, except as provided in paragraphs (2) and (3). If the accused agrees, the initial court appearance, arraignment, and plea may be by video, as provided by subdivision (c).“Waiver of Defendant’s Personal Presence”
SEC. 14.
Section 977.3 is added to the Penal Code, to read:977.3.
(a) A witness may testify in any misdemeanor or felony criminal proceeding, except for felony trials, through the use of remote technology with the written or oral consent of the parties on the record and with the consent of the court. The defendant shall waive the right to have a witness testify in person on the record.SEC. 15.
Section 1043.5 of the Penal Code is amended to read:1043.5.
(a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.SEC. 16.
Section 1043.5 is added to the Penal Code, to read:1043.5.
(a) Except as otherwise provided in this section, the defendant in a preliminary hearing shall be personally present.SEC. 17.
Section 1208.2 of the Penal Code is amended to read:1208.2.
(a) (1) This section shall apply to individuals authorized to participate in a work furlough program pursuant to Section 1208, or to individuals authorized to participate in an electronic home detention program pursuant to Section 1203.016 or 1203.018, or to individuals authorized to participate in a county parole program pursuant to Article 3.5 (commencing with Section 3074) of Chapter 8 of Title 1 of Part 3.(d)This section shall become operative on July 1, 2021.
SEC. 18.
Section 1214.1 of the Penal Code is amended to read:1214.1.
(a)SEC. 19.
Section 1463 of the Penal Code is amended to read:1463.
All fines and forfeitures imposed and collected for crimes shall be distributed in accordance with Section 1463.001.SEC. 20.
Section 1463.001 of the Penal Code is amended to read:1463.001.
Except as otherwise provided in this section, all fines and forfeitures imposed and collected for crimes other than parking offenses resulting from a filing in aSEC. 21.
Section 1465.9 of the Penal Code is amended to read:1465.9.
(a) The balance of any court-imposed costs pursuant to Section 987.4, subdivision (a) of Section 987.5, Sections 987.8, 1203, 1203.1e, 1203.016, 1203.018, 1203.1b, 1208.2, 1210.15, 1463.07, 3010.8, 4024.2, and 6266, as those sections read on June 30, 2021, shall be unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated.SEC. 22.
Section 40509 of the Vehicle Code is amended to read:40509.
(a) Except as required under subdivision (b) of Section 40509.5, if a person has violated a written promise to appear or a lawfully granted continuance of his or her promise to appear in court or before the person authorized to receive a deposit of bail, or violated an order to appear in court, including, but not limited to, a written notice to appear issued in accordance with Section 40518, the magistrate or clerk of the court may give notice of the failure to appear to the department for any violation of this code, or any violation that can be heard by a juvenile traffic hearing referee pursuant to Section 256 of the Welfare and Institutions Code, or any violation of any other statute relating to the safe operation of a vehicle, except violations not required to be reported pursuant to paragraphs (1), (2), (3), (6), and (7) of subdivision (b) of Section 1803. If thereafter the case in which the promise was given is adjudicated or the person who has violated the court order appears in court or otherwise satisfies the order of the court, the magistrate or clerk of the court hearing the case shall sign and file with the department a certificate to that effect.SEC. 23.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.SEC. 24.
The sum of ten million dollars ($10,000,000) is hereby appropriated for the 2022–23 fiscal year from the General Fund to the Trial Court Trust Fund to provide a one-time backfill to the Trial Court Trust Fund to offset the elimination of past civil assessment debt.SEC. 25.
This act is a bill providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution, has been identified as related to the budget in the Budget Bill, and shall take effect immediately.It is the intent of the Legislature to enact statutory changes relating to the Budget Act of 2021.