AB 1790

Bill Subjects

Abstract

Existing law authorizes a court in a criminal proceeding, upon written notice by the prosecutor made at least 3 days prior to the date of the preliminary hearing or trial date on which the testimony of the minor is scheduled or during the course of the proceeding on the court's own motion, to order that the testimony of a minor 13 years of age or younger at the time of the motion be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, defendant or defendants, and attorneys, and communicated to the courtroom by means of closed-circuit television, if the court makes specified findings. This bill would apply this provision to criminal proceedings in which the defendant is representing themselves pro per and expand it to include any victim witness. The bill would authorize a court to order that the testimony of a victim be taken by contemporaneous examination and cross-examination in another place and out of the presence of the judge, jury, pro per defendant, and attorneys, and be communicated to the courtroom by remote technology, if the court makes specified findings. The bill would require the prosecution to give the pro per defendant at least 30 days' written notice of the prosecution's intent to seek to conduct remote proceedings, unless they show good cause to the court.