BILL NUMBER: AB 100	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Cohn

                        JANUARY 11, 2005

   An act to amend Section 977.2 of the Penal Code, relating to
crimes.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 100, as introduced, Cohn.   Arraignment: by audiovideo
communication.
   Existing law provides that in all cases in which the defendant is
charged with a misdemeanor or a felony and is currently incarcerated
in the state prison, the Department of Corrections may arrange for
specified court appearances to be conducted by 2-way electronic
audiovideo communication between the defendant and the courtroom in
lieu of the physical presence of the defendant in the courtroom, as
specified.
   This bill would provide that the local law enforcement agency
having jurisdiction over a defendant currently incarcerated in a
county jail may also arrange for specified court appearances of the
defendant to be conducted by 2-way electronic audiovideo
communication in lieu of the physical presence of the defendant in
the courtroom, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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


  SECTION 1.  Section 977.2 of the Penal Code is amended to read:
   977.2.  (a)  (1)    Notwithstanding Section 977
or any other law, in any case in which the defendant is charged with
a misdemeanor or a felony and is currently incarcerated in the state
prison, the Department of Corrections may arrange for all court
appearances in superior court, except for the preliminary hearing,
trial, judgment and sentencing, and motions to suppress, to be
conducted by two-way electronic audiovideo communication between the
defendant and the courtroom in lieu of the physical presence of the
defendant in the courtroom. Nothing in this section shall be
interpreted to eliminate the authority of the court to issue an order
requiring the defendant to be physically present in the courtroom in
those cases where the court finds circumstances that require the
physical presence of the defendant in the courtroom. For those court
appearances that the department determines to conduct by two-way
electronic audiovideo communication, the department shall arrange for
two-way electronic audiovideo communication between the superior
court and any state prison facility located in the county. The
department shall provide properly maintained equipment and adequately
trained staff at the prison as well as appropriate training for
court staff to ensure that consistently effective two-way
communication is provided between the prison facility and the
courtroom for all appearances that the department determines to
conduct by two-way electronic audiovideo communication.   (2)
Notwithstanding Section 977 or any other law, in any case in which
the defendant is charged with a misdemeanor or a felony and is
currently incarcerated in a county jail, the law enforcement agency
having jurisdiction over the defendant may arrange for all court
appearances in municipal or superior court, except for the
preliminary hearing, trial, judgment and sentencing, and motions to
suppress, to be conducted by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu of the
physical presence of the defendant in the courtroom. Nothing in this
section shall be interpreted to eliminate the authority of the court
to issue an order requiring the defendant to be physically present in
the courtroom in those cases where the court finds circumstances
that require the physical presence of the defendant in the courtroom.
For those court appearances that the law enforcement agency having
jurisdiction over the defendant determines to conduct by two-way
electronic audiovideo communication, the law enforcement agency shall
arrange for the two-way electronic audiovideo communication between
the municipal or superior court and the county jail. To ensure that
consistently effective two-way communication is provided between the
county jail and the courtroom for all appearances that the law
enforcement agency determines to conduct by two-way electronic
audiovideo communication, the law enforcement agency shall, at the
very least, ensure that properly maintained equipment and adequately
trained staff are available at the county jail and that appropriately
trained court staff are available in the courtroom. 
   (b) If the defendant is represented by counsel, the attorney shall
be present with the defendant at the initial court appearance and
arraignment, and may enter a plea during the arraignment. However, if
the defendant is represented by counsel at an initial hearing in
superior court in a felony case, and if the defendant does not plead
guilty or nolo contendere to any charge, the attorney shall be
present with the defendant or if the attorney is not present with the
defendant, the attorney shall be present in court during the
hearing.
   (c) In lieu of the physical presence of the defendant's counsel at
the institution with the defendant, the court and the department
 or law enforcement agency  shall establish a confidential
telephone and facsimile transmission line between the court and the
institution for communication between the defendant's counsel in
court and the defendant at the institution. In this case, counsel for
the defendant shall not be required to be physically present at the
institution during any court appearance that is conducted via
electronic audiovideo communication.   Nothing 
    (d)     Nothing  in this section shall
be construed to prohibit the physical presence of the defense
counsel with the defendant at the state prison  or coun 
 ty jail  .