CA SB 99

Title: Courts: remote proceedings for criminal cases.
Author: Thomas J. Umberg

Summary
SB 99, as amended, Umberg. Courts: remote proceedings for criminal cases. Existing law prohibits, until January 1, 2024, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record for a remote criminal proceeding.This bill would extend this provision until January 1, 2028.Existing law allows a defendant in a misdemeanor case to appear by counsel, except as specified. Until January 1, 2024, existing law allows a court to conduct all proceedings, except jury and court trials, remotely through the use of remote technology if a defendant agrees. Existing law requires a defendant in a felony case to be physically present 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. Existing law allows, until January 1, 2024, a defendant to be physically or remotely present at all other proceedings, unless the defendant waived their right to be physically or remotely present with leave of the court and approval by the defendant’s counsel.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028.Existing law generally allows, until January 1, 2024, upon a defendant’s waiver of the right to be physically present, criminal proceedings to be conducted through the use of remote technology. Commencing on January 1, 2024, existing law authorizes a court to permit the initial court appearance and arraignment of a defendant held in any state, county, or local facility, under specified circumstances, to be conducted by 2-way electronic audiovideo communication between the defendant and the courtroom in lieu of the defendant’s physical presence.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028, and extend the implementation of provisions that would commence on January 1, 2024, until January 1, 2028.Existing law authorizes the court, until January 1, 2024, to direct the defendant to be physically present at any particular felony proceeding, prohibits a defendant charged with a felony from appearing remotely for sentencing, except as specified, and prohibits a defendant charged with a felony or misdemeanor from appearing remotely for a jury or court trial, except as specified.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028.Existing law, until January 1, 2024, authorizes the court to allow a prosecuting attorney or defense counsel to participate in a criminal proceeding through the use of remote technology, requires a court to require a prosecuting attorney, defense counsel, defendant, or witness to appear in person at a proceeding under specified circumstances, and requires a reporter to be physically present in the courtroom when the court conducts a remote proceeding that is reported.This bill would extend the provisions that would expire on January 1, 2024, until January 1, 2028.Existing law authorizes, until January 1, 2024, a witness in a criminal proceeding to testify using remote technology, as provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses.This bill would extend these provisions until January 1, 2028, and broaden the provisions to testifying remotely as otherwise provided by any law.Existing law requires a defendant to be personally present in a preliminary hearing unless otherwise specified. Existing law prohibits these provisions from limiting the right of a defendant to waive the right to be present. Existing law, until January 1, 2024, prohibits the defendant’s right to waive the right to appear through the use of remote technology from being limited by these provisions.This bill would extend the provisions that would expire on January 1, 2

Status
Referred to Com. on PUB. S.

Bill Documents
CA SB 99 - 04/10/23 - Amended Senate
04/10/23 - CA SB 99 (04/10/23 - Amended Senate)