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CA AB1790

Bill

Status

Failed

10/24/2022

Primary Sponsor

Sabrina Cervantes

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • Adds new Penal Code Section 1347.2 to allow courts to order remote testimony for victims in criminal cases where the defendant is representing themselves pro per (self-represented).

  • Permits remote testimony only when the victim's testimony involves a stalking offense under Section 646.9 and clear and convincing evidence shows the victim would be unavailable without it due to serious emotional distress, defendant's use of deadly weapon, threats, great bodily injury, or defendant's courtroom conduct.

  • Requires prosecutors to provide self-represented defendants at least 30 days' written notice of intent to seek remote proceedings, unless good cause is shown to waive this requirement.

  • Mandates courts make brief on-the-record statements explaining their orders, instruct juries to draw no adverse inferences from remote testimony use, and preserve complete video recordings of remote testimony for five years after judgment.

  • Specifies that only the victim, a designated support person, necessary technicians, and a court-appointed representative may be physically present during remote testimony, and the defendant's image must be transmitted live to the witness.

Legislative Description

Criminal law: witnesses.

Last Action

From committee: Without further action pursuant to Joint Rule 62(a).

10/24/2022

Committee Referrals

Public Safety3/24/2022

Full Bill Text

No bill text available