BILL NUMBER: AB 1158	CHAPTERED  05/16/08

	CHAPTER  14
	FILED WITH SECRETARY OF STATE  MAY 16, 2008
	APPROVED BY GOVERNOR  MAY 16, 2008
	PASSED THE SENATE  MAY 1, 2008
	PASSED THE ASSEMBLY  JANUARY 29, 2008
	AMENDED IN ASSEMBLY  JANUARY 24, 2008
	AMENDED IN ASSEMBLY  JANUARY 17, 2008
	AMENDED IN ASSEMBLY  MARCH 28, 2007

INTRODUCED BY   Assembly Member Benoit

                        FEBRUARY 23, 2007

   An act to amend Section 1340 of the Penal Code, relating to
witnesses.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1158, Benoit. Witnesses: conditional examinations.
   Existing law authorizes the conditional examination of a witness
who may be unavailable at trial for a specific reason.
   This bill would allow the examination to be conducted through a
contemporaneous, 2-way video conference system if the witness is so
sick or infirm as to be unable to attend the examination in person,
as specified.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1340 of the Penal Code is amended to read:
   1340.  (a)  The defendant has the right to be present in person
and with counsel at the examination, and if the defendant is in
custody, the officer in whose custody he or she is, must be informed
of the time and place of the examination, and must take the defendant
thereto, and keep him or her in the presence and hearing of the
witness during the examination.
   (b) If the court determines that the witness to be examined is so
sick or infirm as to be unable to participate in the examination in
person, the court may allow the examination to be conducted by a
contemporaneous, two-way video conference system, in which the
parties and the witness can see and hear each other via electronic
communication.
   (c) Nothing in this section is intended to require the court to
acquire two-way video conference equipment for these purposes.