AB 170

Bill Subjects

Abstract

(1) Existing law creates a board of law library trustees in every county, which governs the law library established for the county. Under existing law, a board of law library trustees is required to meet regularly every month on any appointed day, as specified. This bill would revise the monthly meeting requirement to instead require the board of law library trustees to meet quarterly. (2) Existing law authorizes, until January 1, 2026, a party to appear remotely and a court to conduct conferences, hearings, proceedings, and trials in civil cases, in whole or in part, through the use of remote technology. Existing law additionally authorizes, until January 1, 2026, the use of remote technology, as defined, for other types of proceedings, including, among others, proceedings regarding the involuntary treatment and conservatorship of gravely disabled persons under specified provisions, contempt proceedings, and competency proceedings. Existing law specifies certain circumstances in which remote technology cannot be used. Existing law generally allows, until January 1, 2025, 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, 2025, 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 these provisions until January 1, 2027. Existing law authorizes, until January 1, 2025, a witness in a criminal proceeding to testify using remote technology, except for felony trials, with the written or oral consent of the parties on the record and the consent of the court. This bill would extend these provisions until January 1, 2027. The bill would also authorize a defendant to withdraw, at any time upon finding of good cause, a waiver to have a witness testify in person on the record. The bill would specify the general form that a written waiver of a witness's physical presence at a misdemeanor jury trial must follow. (3) Existing law requires each superior court to report to the Judicial Council on or before October 1, 2023, and annually thereafter, and the Judicial Council to report to the Legislature on or before December 31, 2023, and annually thereafter, to assess the impact of technology issues or problems affecting remote proceedings, and all purchases and leases of technology or equipment to facilitate remote conferences, hearings, or proceedings. This bill would require each superior court to report additional specified information to the Judicial Council on or before October 1, 2025, and annually thereafter, and the Judicial Council to report to the Legislature on or before December 31, 2025, and annually thereafter. The bill would require, by October 1, 2025, and annually thereafter, the court executive officer of each superior court to certify to the Judicial Council, in a form and manner determined by the Judicial Council, that each courtroom of the superior court in which the court is conducting a remote proceeding meets the minimum standards for remote technology, as specified, and would require the Judicial Council to report that information to the Legislature. The bill would repeal these provisions as of January 1, 2027. (4) Existing law requires the Judicial Council to adopt a budget and allocate funding for trial courts. Existing law requires the Judicial Council to hold $10,000,000 in reserves in the Trial Court Trust Fund to be available to trial courts for emergencies. Existing law requires the Judicial Council to annually report to the Legislature regarding the use of those funds, as specified. This bill would decrease the required amount for the Judicial Council to hold in reserve to $5,000,000. The bill would also specify that the Judicial Council is not required to submit the annual report for a fiscal year pursuant to these provisions if there are no requests from trial courts, or allocations made by the Judicial Council, from the Trial Court Trust Fund in that fiscal year. (5) Existing law creates the California Habeas Corpus Resource Center and specifies the general powers and duties to include employing attorneys who may be appointed to represent any person convicted and sentenced to death, as specified. Existing law requires the Judicial Council and the Supreme Court to adopt competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings. This bill would additionally authorize, until July 1, 2029, attorneys for the California Habeas Corpus Resource Center to represent any person sentenced to life without the possibility of parole who is indigent and without counsel, as specified. (6) Existing law prohibits, until January 1, 2026, 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 of a remote proceeding. This bill would extend these provisions until January 1, 2027. (7) Existing law allows a defendant in a misdemeanor case to appear by counsel, except as specified. Until January 1, 2025, 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, until January 1, 2025, requires a defendant to be physically or remotely present at all other proceedings, unless the defendant waives their right to be physically or remotely present with leave of the court and approval by the defendant's counsel. This bill would extend these provisions until July 1, 2030. The bill would also require the court to require any party, witness, or attorney who participates remotely in a criminal proceeding to conduct themselves as if they were appearing physically in the courtroom, and require any person speaking on the record to have their name displayed or to state their name. The bill would require, by April 1, 2025, the Judicial Council to adopt and courts to implement by July 1, 2025, minimum standards for courtroom technology necessary to permit remote participating in criminal proceedings, as specified. Existing law, until January 1, 2025, 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, including when the quality of the technology or audibility at a proceeding inhibits the court reporter's ability to accurately prepare a transcript of the proceeding, 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 these provisions until July 1, 2030. The bill would also require a court to require a prosecuting attorney, defense counsel, defendant, or witnesses in a proceeding to be physically present if the quality of the technology or audibility inhibits the court reporter's ability to accurately certify a transcript of the proceeding. The bill would require, when the court conducts a remote proceeding reported by an official reporter or an official reporter pro tempore, for the reporter to be physically present in the same room as the judicial officer unless doing so would cause a significant delay that would prejudice the parties, in which case the reporter must be physically present in a court facility. The bill would require, if the reporter is not in the same room as the judicial officer, the reporter to be able to mute and unmute their own audio to allow for communication with the judicial officer. (8) 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, 2025, includes 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 these provisions until January 1, 2027. The bill would extend the implementation of provisions that would commence on January 1, 2025, until January 1, 2027. (9) Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Existing law provides the right of a minor subject to juvenile court hearings to be physically present for those hearings. Existing law authorizes the use of remote technology in juvenile justice proceedings, as defined, except in specified circumstances, until January 1, 2026. Existing law requires, beginning July 1, 2024, and until January 1, 2026, that when the court conducts proceedings that will be reported by an official reporter or an official reporter pro tempore, that the reporter be physically present in the same room as the judicial officer if the court cannot provide specified technology standards. This bill would extend these provisions until January 1, 2027. (10) This bill would appropriate $100,000 from the General Fund to the Judicial Council for distribution to the Equal Access Fund program. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.