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CA AB700
Bill
Status
9/22/2021
Primary Sponsor
Jordan Cunningham
Click for details
AI Summary
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Allows courts to proceed with felony trials or preliminary hearings without a defendant's physical presence if the defendant is in custody and refuses to appear, upon clear and convincing evidence findings on the record.
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Requires courts to inform defendants in custody who refuse to appear of their rights, including the right to remain silent and that absence constitutes waiver of confrontation and testimony rights.
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Permits courts to proceed with misdemeanor trials without a defendant's physical presence if the defendant is in custody and refuses to appear, with or without a prior waiver, upon the same clear and convincing evidence findings.
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Requires the specified findings be made anew for each day of a multi-day trial or hearing where the defendant is absent.
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Does not apply when a defendant was personally present at the commencement of the trial or preliminary hearing.
Legislative Description
Criminal procedure: arraignment and trial.
Last Action
Chaptered by Secretary of State - Chapter 196, Statutes of 2021.
9/22/2021