BILL NUMBER: AB 100	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 19, 2005

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 amended, 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 
city or  county jail may  , with the consent of the
defendant and the court in which the defendant is to appear, 
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  city or  county jail, the law
enforcement agency having jurisdiction over the defendant may  ,
with the consent of the defendant and the court in which the
defendant is to appear,  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  city or  county jail. To ensure that
consistently effective two-way communication is provided between the
 city or  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  city or 
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.
   (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  a city or  county jail.