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CA AB2397

Bill

Status

Passed

7/21/2014

Primary Sponsor

Jim Frazier

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Deletes requirement that defendant's attorney be physically present in counties exceeding 4,000,000 population during initial court appearances and arraignments conducted by video.

  • Allows defendants to waive physical presence for noncritical trial portions with no testimonial evidence via oral waiver in open court or written request, subject to court discretion.

  • Permits courts to require defendants' appearance via two-way video for noncritical trial proceedings including status conferences, discovery motions, and motions in limine when defendant waives personal presence.

  • Allows defense attorneys to appear remotely (not physically present with defendant) during noncritical trial portions if the video conferencing system enables private attorney-client communication.

  • Clarifies bill does not expand or limit constitutional rights to be personally present with counsel as required by California Constitution Article 1, Section 15.

Legislative Description

Criminal procedure: defendant's appearance by video.

Last Action

Chaptered by Secretary of State - Chapter 167, Statutes of 2014.

7/21/2014

Committee Referrals

Public Safety5/28/2014
Rules5/19/2014
Public Safety3/10/2014

Full Bill Text

No bill text available