BILL ANALYSIS
AB 2102
Page 1
ASSEMBLY THIRD READING
AB 2102 (Lieu)
As Amended April 19, 2010
Majority vote
PUBLIC SAFETY 7-0
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|Ayes:|Ammiano, Hagman, Beall, | | |
| |Gilmore, Hill, | | |
| |Portantino, Skinner | | |
| | | | |
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SUMMARY : Specifies that a defendant may appear in court by video
conferencing in specified cases when the defendant consents so
long as the matter does not involve the taking of testimony.
Specifically, this bill :
1)Permits a defendant to elect to appear in court by video
conferencing technology at any court appearance not involving
testimonial evidence.
2)States that the Legislature finds and declares the following:
a) Video appearances increase courtroom efficiencies
resulting in lower costs, fewer delays associated with
transporting inmates and staffing courtrooms, and safer
conditions for defendants by utilizing technology;
b) Advances in videoconferencing technology have created
cost-effective alternatives to in-person proceedings with
secure privacy protection;
c) Video appearances enhance peace officer and public safety
and reduce risks associated with transporting inmates between
the jail and the courtroom; and,
d) Appearing via video is often a preferred option for
defendants.
EXISTING LAW :
1)States in all cases in which the accused is charged with a
misdemeanor only, he or she may appear by counsel only, except
in specified domestic violence related or driving under the
AB 2102
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influence matters. If the accused agrees, the initial court
appearance, arraignment, and plea, may be by video, as provided.
2)The court may permit the initial court appearance and
arraignment of defendants held in any state, county, or local
facility within the county on felony or misdemeanor charges,
except for those defendants who were indicted by a grand jury,
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. 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 arraignment on an
information 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. The defendant shall have the right to
make his or her plea while physically present in the courtroom
if he or she so requests. If the defendant decides not to
exercise the right to be physically
present in the courtroom, he or she shall execute a written
waiver of that right. A judge may order a defendant's personal
appearance in court for the initial court appearance and
arraignment. In a misdemeanor case, a judge may, pursuant to
this subdivision, accept a plea of guilty or no contest from a
defendant who is not physically in the courtroom. In a felony
case, a judge may, pursuant to this subdivision, accept a plea
of guilty or no contest from a defendant who is not physically
in the courtroom if the parties stipulate thereto.
3)If the accused is charged with a misdemeanor offense involving
domestic violence, as defined, or a misdemeanor violation a
restraining 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 issued pursuant to Penal Code
Section 136.2.
4)Provides if the accused is charged with a misdemeanor offense
involving driving under the influence, in an appropriate case,
the court may order a defendant to be present for arraignment,
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at the time of plea, or at sentencing. For purposes of this
paragraph, a misdemeanor offense involving driving under the
influence shall include a misdemeanor violation of specified
offenses.
5)States in all cases in which a felony is charged, the accused
shall be present at the arraignment, 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. 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. If the accused agrees,
the initial court appearance, arraignment, and plea may be by
video.
6)Provides that the accused may execute a written waiver of his or
her right to be personally present, approved by his or her
counsel, and the waiver shall be filed with the court. However,
the court may specifically direct the defendant to be personally
present at any particular proceeding or portion thereof.
FISCAL EFFECT : None
COMMENTS : According to the author, "[v]ideo appearances are an
interactive way for defendants to appear in front of a judge while
not being physically present in the courtroom. Video appearances
have many benefits for counties through cost savings, for the
courts with increased efficiency and courtroom safety and for the
defendants by reduced security risk during transportation.
"With the advent of video technology allowing families and friends
to communicate over the Internet, the benefits for California can
be realized through expanding the use of video appearances. AB
2102 will provide for more proceedings during a criminal trial
where a defendant could be present in the courtroom via video."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744 FN: 0004141