BILL ANALYSIS
AB 100
Page 1
ASSEMBLY THIRD READING
AB 100 (Cohn)
As Amended April 19, 2005
Majority vote
PUBLIC SAFETY 7-0
--------------------------------
|Ayes:|Leno, La Suer, Cohn, |
| |Dymally, Goldberg, |
| |Ruskin, Spitzer |
| | |
--------------------------------
SUMMARY : Allows, in any criminal case in which the defendant is
in custody, with the consent of the court and the defendant, all
hearings, except as specified, to be held without the defendant
being physically present in the court room but appearing by way
of audio-video communication. This bill shall be repealed as of
January 1, 2009, unless extended by another statute.
Specifically, this bill :
1)Provides that 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 will be
appearing, 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 audio-video communication
between the defendant and the courtroom in lieu of the
physical presence of the defendant in the courtroom.
2)Permits 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.
3)Requires that, for those court appearances that the law
enforcement agency having jurisdiction over the defendant
determines to conduct by two-way electronic audio-video
communication, the law enforcement agency shall arrange for
the two-way electronic audio-video communication between the
municipal or superior court and the county jail. The law
AB 100
Page 2
enforcement agency shall 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.
4)States that 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; if the attorney is not present with the
defendant, the attorney shall be present in court during the
hearing.
5)Provides that 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 conducted via
electronic audio-video communication.
EXISTING LAW :
1)Allows that, in any case in which the accused is charged with
a misdemeanor only, he or she does not need to personally
appear in court but may choose to have a lawyer appear on his
or her behalf, except in cases involving domestic violence or
violation of a protective order. If the accused agrees, the
initial court appearance, arraignment, and plea may be by
video, as specified.
2)Requires that, if the accused is charged with a misdemeanor
offense involving domestic violence, as specified, or a
misdemeanor violation of a protective order, the accused shall
be present for arraignment and sentencing, and at any time
during the proceedings when ordered by the court for the
purpose of being informed of the conditions of a protective
order, as specified.
AB 100
Page 3
3)Requires that, in all cases in which a felony is charged, the
accused must be present at the arraignment, at the time of
plea, and at other hearings, as specified. The accused shall
be personally present at all other proceedings unless he or
she shall, with leave of court, execute in open court a
written waiver of his or her right to be personally present,
as specified. If the accused agrees, the initial court
appearance, arraignment, and plea may be by two-way electronic
audio-video communication, as specified.
4)Allows that in any case in which the defendant is charged with
a misdemeanor or a felony and currently incarcerated in the
state prison, the Department of Corrections may arrange
without the defendant's consent 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 audio-video communication
between the defendant and the courtroom in lieu of the
physical presence of the defendant in the courtroom, as
specified.
FISCAL EFFECT : None
COMMENTS : According to the author, "California is a technology
leader and innovator. I have introduced this bill because we
must capitalize on the advancements that the Golden State has
been party to so that we can improve public safety, reduce
backlogs in the court system, and save both time and money in
the process."
Please see the policy committee analysis for full discussion of
this bill.
Analysis Prepared by : Steven Meinrath / PUB. S. / (916)
319-3744
FN: 0009790