BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2397|
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THIRD READING
Bill No: AB 2397
Author: Frazier (D)
Amended: 6/16/14 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 6-0, 6/10/14
AYES: Hancock, Anderson, De Le�n, Knight, Liu, Steinberg
NO VOTE RECORDED: Mitchell
ASSEMBLY FLOOR : 76-0, 5/19/14 - See last page for vote
SUBJECT : Criminal procedure: defendants appearance by video
SOURCE : California State Sheriffs Association
DIGEST : This bill expands the appearances that can be made
via two-way video conferences between a defendant housed in a
county jail and a courtroom to include specified noncritical
trial appearances, if the defendant does not wish to be
personally present.
ANALYSIS :
Existing law:
1.States in all cases in which the accused is charged with a
misdemeanor only, he/she may appear by counsel only, except in
specified domestic violence related or driving under the
influence matters. If the accused agrees, the initial court
appearance, arraignment, and plea, may be by video, as
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provided.
2.Provides that if the accused is charged with a misdemeanor
offense involving domestic violence, as defined, or a
misdemeanor violation of 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, as specified.
3.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/she
shall, with leave of court, execute in open court, a written
waiver of his/her right to be personally present. If the
accused agrees, the initial court appearance, arraignment, and
plea may be by video.
4.Provides that the accused may execute a written waiver of
his/her right to be personally present, approved by his/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.
5.States that 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.
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
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have the right to make his/her plea while physically present
in the courtroom if he/she so requests. If the defendant
decides not to exercise the right to be physically present in
the courtroom, he/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 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 accept a plea of
guilty or no contest from a defendant who is not physically in
the courtroom if the parties stipulate thereto.
This bill:
1.Provides that a defendant who does not wish to be personally
present for noncritical portions of the trial when no
testimonial evidence is taken may make an oral waiver in open
court prior to the proceeding or may submit a written request
to the court, which the court may grant in its discretion.
2.Provides that the court may require a defendant within the
county on felony or misdemeanor charges to be present for
noncritical portions of the trial when no testimonial evidence
is taken, including, but not limited to, confirmation of the
preliminary hearing, status conferences, trial readiness
conferences, discovery motions, receipt of record, the setting
of the trial date, a motion to vacate the trial date, and
motions in limine, by two-way electronic audiovideo
communication between the defendant and the courtroom in lieu
of the physical presence of the defendant in the courtroom.
3.Provides that a defendant who does not wish to be personally
present for noncritical portions of trial may make an oral
waiver in open court prior to the proceeding or may submit a
written request to the court, which the court may grant in its
discretion.
4.Provides that if the defendant is represented by counsel, the
attorney shall not be required to be personally present with
the defendant for noncritical portions of the trial, if the
audiovideo conferencing system or other technology allows for
private communication between the defendant and the attorney
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prior to and during the noncritical portion of the trial and
that any private communication shall be confidential and
privileged.
5.States that it does not expand or limit the right of a
defendant to be personally present with his/her counsel at a
particular proceeding.
6.Provides that noncritical portions of the trial shall only
include appearances in which testimonial evidence is not
taken.
Comments
According to the author:
Often times during a trial the defendant is transported back
and forth from a local facility to the court for noncritical
portions of a trial that take very little time. This results
in costly processing, transportation arrangements, staffing
needed to coordinate the transport of the defendant to court
as well as an increased security risk to both law enforcement
and the public.
With the local court budgets being reduced, more
cost-effective practices should be put into place that do not
interfere with a defendant's right to be present and
represented by counsel.
AB 2397 allows with the defendants consent by oral or written
waiver to appear by two-way audio video communications for
noncritical portions of a trial, including but not limited to,
confirmation of preliminary hearing, status conferences, trial
readiness conferences, discovery motions, receipt of record,
and the setting of a trial date.
Additionally, AB 2397 would also allow for the defendant's
attorney to remain in court for the appearance so long as the
technology present that allows for private communication
between the defendant and counsel. Any private communication
shall remain confidential and privileged pursuant to Section
952 of the Evidence Code.
This bill will result in maximized cost savings, enhanced
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safety, and greater flexibility while retaining all rights
currently given to defendants under the United States and
California Constitutions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 6/7/14)
California State Sheriffs' Association
California State Association of Counties
ASSEMBLY FLOOR : 76-0, 5/19/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez,
Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Medina, Melendez, Mullin, Muratsuchi, Olsen, Pan,
Patterson, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Mansoor, Nazarian, Nestande, Vacancy
JG:n 6/17/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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