AB 1214

Bill Subjects

Abstract

Existing law allows the use of technology by trial courts for attorneys, parties, and witnesses to appear remotely for specified criminal court proceedings, subject to specified limitations, until January 1, 2024. Existing law, beginning January 1, 2024, allows a defendant in a case charged with only a misdemeanor to appear by counsel, except as specified, and if the defendant agrees, to conduct the initial court appearance, arraignment, and plea by video, as specified. Existing law requires an individual accused of a felony to be personally present at all proceedings unless with leave of the court, the individual executes a written waiver of their right to be personally present, or as otherwise specified. Existing law, beginning January 1, 2024, allows a defendant in a felony matter, if the defendant agrees, to conduct the initial court appearance, arraignment, and plea by video, as specified. This bill would, until January 1, 2026, instead allow, if the defendant agrees and the court consents, a defendant in a misdemeanor matter to appear through remote technology, as defined, for any noncritical portion of a proceeding when no sworn testimony is taken. The bill would additionally allow a defendant in a felony matter to participate, upon their request and with leave of the court, in the initial court appearance, arraignment, entry of plea, bail hearings, resentencing hearings, and motion hearings and conferences when no sworn testimony is taken, through remote technology, as specified. The bill would specify that these provisions do not authorize the use of remote technology for a jury or court trial. The bill would require the waiver of a defendant's personal appearance in a felony matter to include that the defendant knowingly, intelligently, and voluntarily waives the right to be present at the hearing or other proceeding. The bill would authorize a court to permit a witness in misdemeanor or felony proceedings to testify through the use of remote technology, except as specified. The bill would authorize the defendant to consent to appear remotely for noncritical portions of criminal proceedings when no sworn testimony is taken. The bill would require defense counsel, the prosecution, and the judicial officer to be present in the courtroom if the defendant is physically present in the courtroom. This bill would require the Judicial Council to adopt minimum standards for the courtroom technology necessary to permit remote participation in criminal proceedings and would authorize the Judicial Council to adopt rules and standards necessary to implement these provisions. The bill would require a superior court using remote technology for criminal proceedings to post on its internet website a means for various persons to provide feedback regarding the use of remote technology and would require the superior court to send feedback to the Judicial Council on a quarterly basis. The bill would require the Judicial Council, commencing July 1, 2024, to compile the written feedback and provide a copy to the chairs of the Senate and Assembly Committees on Judiciary and Senate and Assembly Committees on Public Safety, semiannually. 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 record for a remote proceeding pursuant to specified provisions. This bill would prohibit a court from retaliating, or threatening to retaliate, 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 record for a criminal proceeding that includes participation through remote technology.