BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2225|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
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THIRD READING
Bill No: AB 2225
Author: Perea (D)
Amended: 8/23/12 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Courts: video trial pilot program:
infractions
SOURCE : Author
DIGEST : This is a new bill. Senate Floor Amendments of
8/23/12 delete the provisions dealing with erroneous
charges.
�NOTE: According to the authors office, this bill is in
response to district negotiations and requests.
This bill will, according to the author, go on the
Inactive File and will be a working document to
start with next year.]
ANALYSIS : Existing law, the Trial Court Delay Reduction
Act, requires the Judicial Council to adopt standards of
timely disposition for the processing and disposition of
civil and criminal actions. The Act requires each superior
court to establish a delay reduction program for limited
civil cases in consultation with the local bar that is
consistent with the act, and authorizes the Judicial
Council to adopt procedures, standards, or policies for a
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delay reduction program for limited civil cases in superior
courts on a statewide basis that are consistent with the
Act.
Existing law provides that a traffic referee has the same
jurisdiction, and may exercise the same powers and duties,
as a judge of the court with respect to any infraction.
Existing law authorizes the court to order any person
convicted of a traffic violation to attend a licensed
traffic violator school, as specified.
This bill authorizes the Superior Court of Fresno County to
establish a three-year pilot program to permit trials and
proceedings to be conducted using remote two-way video
trials for traffic infractions and any infraction violation
of compulsory attendance laws by a parent or guardian.
This bill requires the Judicial Council to report its
findings on the pilot program, including its
recommendations as to whether the program should be
expanded throughout the state, to the Legislature on or
before July 1, 2016.
Comments
According to the author's office:
Remote Video Proceeding Pilot Project
Statement of Problem . Facing $26.6 million in direct
budget reductions and unfunded cost increases in Fiscal
Year 2012-13, the Fresno Superior Court will consolidate
the operations of seven branch courts into three
courthouses in the City of Fresno in July and August 2012.
As a result, more than 200,000 residents in Coalinga,
Clovis, Kingsburg, Firebaugh, Reedley, Sanger, Selma, and
the surrounding rural areas will soon be forced to travel
to downtown Fresno to conduct court business - some as much
as 120-miles roundtrip.
The majority of rural Fresno County Residents work in
low-paying agricultural jobs, if they work at all.
Unemployment countywide was 14.9 percent in May 2012
compared to the statewide average of 10.4 percent. In some
Fresno County rural communities, unemployment rates
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chronically surpass 40 percent. As a result, many rural
residents live below the poverty level. For those with
vehicles, the high cost of gasoline will make travelling
into the City of Fresno for court appearances challenging.
For those without private transportation, it will be both
expensive and very time consuming. Daily inter-city bus
service from the outermost rural communities into downtown
Fresno is limited to one, 2.5-hour trip in each direction
at a roundtrip cost of $13.
For these and other reasons, community leaders from
throughout the county have expressed grave concern and deep
frustration over the Court closures despite understanding
of the Court's budgetary constraints. As they have
indicated, the effects of branch closures are not limited
to rural defendants and litigants. Law enforcement
agencies face increased costs for gasoline and overtime pay
for their officers to appear in court in downtown Fresno.
The additional travel time will divert officers from
policing duties in communities whose small police
departments are already stretched. Witnesses and attorneys
from rural areas will also face higher costs and
inconvenience for their court appearances. Lastly,
consolidating seven operations into three busy courts will
impact all aspects of court operations from security
screening to case calendaring. The additional volume will
result in longer lines, slower service, and more
inconvenience for everyone. The urgency of the situation
prompted the Fresno Superior Court to seek immediate
solutions. The Court has identified an efficient,
cost-effective, and sustainable option that addresses the
noted distance and financial challenges.
Pilot Project
Propose a one-year Remote Video Proceeding (RVP) pilot
program in two separate geographical areas in Fresno
County.
Two-way electronic audio-video communications between the
defendant, the witness and the courtroom in lieu of the
defendant's physical presence in the courtroom.
Limited to Compulsory School Attendance (Parents) and
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Traffic Court cases (Adult infractions).
The courts are envisioning working in partnership with
the cities and the schools. Traffic cases would be heard
in a neutral City location such as City Hall in two
different communities and RVP will be made available for
those issued infraction citations by their local law
enforcement agencies. The truancy cases would be heard
at two different school sites. The RVP will be made
available to qualified and interested school districts in
the county.
The equipment will be provided by the two cities and the
two schools that provide the video conferencing sites.
The defendant must elect to proceed via RVP.
There will be no fees for litigants.
The concept is to have the designated city and school
location provide space, equipment and a Court Deputized
Site Coordinator, at their expense.
The Site Coordinator would direct everything at the
off-site location and would serve as liaison with a
Courtroom Judicial Assistant at the Court location.
The Site Coordinator would gather documents from
defendants, conduct a roll call, and coordinate the video
contact with the court. From that point on, the Court's
Judicial Assistant would proceed as normal.
If a defendant has last minute submittal of exhibits, the
Site Coordinator will scan, email, or fax the documents
immediately to the Judge.
The Court will know in advance if an interpreter is
needed and will ensure that one is present.
After the ruling, the Judicial Assistant would
immediately email the Minute Order to the Site
Coordinator who would print it for the defendant.
With each RVP the Fresno Court will adopt the necessary
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Rules of Court.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
RJG:m 8/24/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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