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File #: 22-001    Version: 1
Type: Legislative Proposal Status: Passed
File created: 11/8/2021 In control: Judicial Council
On agenda: 3/11/2022 Final action: 3/11/2022
Title: Judicial Council-Sponsored Legislation | Authorization for Remote Appearances and Expansion of Defendant Personal Presence Provisions in Criminal Proceedings (Action Required)
Attachments: 1. 20220311-22-001

Title

Title

Judicial Council-Sponsored Legislation | Authorization for Remote Appearances and Expansion of Defendant Personal Presence Provisions in Criminal Proceedings (Action Required)

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Summary

Summary

The Legislation Committee and the Criminal Law Advisory Committee (CLAC) recommend that the Judicial Council sponsor legislation to amend Penal Code sections 977, 1043, 1043.5, 1148, and 1193, and to enact Penal Code section 977.3. The proposed legislation would provide statutory authority for remote criminal proceedings, provide statutory authority for courts to order the physical presence of a misdemeanor defendant, and expand a defendant’s right to waive their physical and remote presence in a felony case.

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Recommendation

Recommendation

The Legislation Committee and the Criminal Law Advisory Committee recommend that the Judicial Council sponsor legislation to amend Penal Code sections 977, 1043, 1043.5, 1148, and 1193, and to enact Penal Code section 977.3. The new statute would provide authority for remote criminal proceedings; the amendments would authorize courts to order the physical presence of a misdemeanor defendant, and would expand a defendant’s right to waive their physical and remote presence in a felony case.

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