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CA AB700

Bill

Status

Passed

9/22/2021

Primary Sponsor

Jordan Cunningham

Click for details

Origin

State Assembly

2021-2022 Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Requires the specified findings be made anew for each day of a multi-day trial or hearing where the defendant is absent.

  • 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

Committee Referrals

Public Safety6/9/2021
Rules6/2/2021
Public Safety2/25/2021

Full Bill Text

No bill text available