California 2013-2014 Regular Session Status: Enacted

AB 2397 — Criminal procedure: defendant's appearance by video.

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

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 21, 2014. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law generally requires a defendant in a criminal trial in which a felony is charged to be present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. Existing law requires the accused to be personally present at all other proceedings unless he or she executes a written waiver of his or her right to be personally present. Existing law authorizes a court to permit the initial court appearance and arraignment of a defendant held in any state, county, or local facility within the county on felony or misdemeanor charges, except for those defendants who were indicted by a grand jury, to be conducted by 2-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. Existing law requires the defendant to execute a written waiver if the defendant decides not to exercise the right to be physically present in the courtroom to make his or her plea. Existing law requires the attorney of a defendant so held to be present in court during the hearing for an initial court appearance and arraignment if the attorney is not present with the defendant. Existing law, notwithstanding this provision, requires the attorney to be present with the defendant in any county exceeding 4,000,000 persons in population. This bill would delete the requirement that the attorney be present in any county exceeding 4,000,000 persons in population. The bill would authorize a defendant who does not wish to be personally present for noncritical portions of the trial when no testimonial evidence is taken to submit an oral waiver in open court prior to the proceeding, or submit a written request to the court and would allow the court to grant the request in its discretion. The bill would allow a court, when a defendant has waived the right to be personally present, to require the appearance of a defendant held in any state, county, or local facility within the county on felony or misdemeanor charges to be conducted by 2-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom for noncritical portions of the trial. If the defendant is represented by counsel, the bill would not require the attorney to be personally present with the defendant for noncritical portions of the trial, if the audiovideo conferencing system or other technology allows for private communication between the defendant and the attorney. The bill would state that it does not expand or limit the right of a defendant to be personally present with his or her counsel at a particular proceeding as required by the California Constitution.

Bill Text

Action History

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

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 5735.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 0. Page 4148.).

  7. Ordered to special consent calendar.

  8. Read second time and amended. Ordered to third reading.

  9. From committee: Do pass as amended. (Ayes 6. Noes 0.) (June 10).

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Referred to Com. on PUB. S.

  12. In Senate. Read first time. To Com. on RLS. for assignment.

  13. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 5002.)

  14. Read second time. Ordered to third reading.

  15. Read second time and amended. Ordered to second reading.

  16. From committee: Do pass as amended. (Ayes 7. Noes 0.) (May 6).

  17. Referred to Com. on PUB. S.

  18. Read first time.

  19. From printer. May be heard in committee March 25.

  20. Introduced. To print.

Sponsors

  • Frazier · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Frazier

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2397 FRAZIER Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4000
Unaffiliated 71001
Republican 3000
Total 78001
% of votes cast 99%0%0%1%
How each member voted (79)
Member Party Vote
Bradford — Yea
Linder — Yea
Maienschein — Yea
Mullin — Yea
Nestande — Yea
Quirk — Yea
Ridley-Thomas — Yea
Skinner — Yea
Wagner — Yea
Waldron — Yea
Weber — Not Voting
Buchanan — Yea
Frazier — Yea
Gordon — Yea
Holden — Yea
Campos — Yea
Allen — Yea
Bonilla — Yea
Mansoor — Yea
Nazarian — Yea
Olsen — Yea
Rendon — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Rodriguez — Yea
Ting — Yea
Wieckowski — Yea
Wilk — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Bloom — Yea
Brown — Yea
Chau — Yea
Chávez — Yea
Conway — Yea
Logue — Yea
Hall — Yea
Gray — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Harkey — Yea
Medina — Yea
Pan — Yea
Chesbro — Yea
Lowenthal — Yea
Bigelow — Yea
Dababneh — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Jones-Sawyer — Yea
Levine — Yea
Melendez — Yea
Perea — Yea
Williams — Yea
Daly — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gorell — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Special Consent #17

Passed 32 Yea · 0 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 31006
Democratic 1002
Total 32008
% of votes cast 80%0%0%20%
How each member voted (40)
Member Party Vote
Anderson — Yea
Huff — Yea
Leno — Not Voting
Liu — Yea
Torres — Yea
Walters — Yea
Wolk — Not Voting
Wyland — Yea
Evans — Yea
Fuller — Yea
Hernandez — Yea
Hueso — Yea
Lieu — Yea
Beall — Yea
Correa — Yea
Mitchell — Yea
De León — Yea
Nielsen — Yea
Block — Not Voting
Cannella — Yea
Corbett — Yea
Hancock — Yea
Wright — Not Voting
Hill — Yea
Knight — Yea
Lara — Yea
Monning — Yea
Morrell — Yea
Pavley — Yea
Roth — Yea
Steinberg — Not Voting
Vidak — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Not Voting

Official roll call →

Do pass as amended.

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Anderson — Yea
Steinberg — Yea
De León — Yea
Mitchell — Not Voting
Hancock — Yea
Knight — Yea
Liu — Yea

Official roll call →

AB 2397 FRAZIER Assembly Third Reading

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 69003
Democratic 4000
Republican 3000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Harkey — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Not Voting
Nazarian — Not Voting
Quirk — Yea
Rodriguez — Yea
Skinner — Yea
Wagner — Yea
Wieckowski — Yea
Dababneh — Yea
Daly — Yea
Gorell — Yea
Allen — Yea
Lowenthal — Yea
Bigelow — Yea
Garcia — Yea
Logue — Yea
Gray — Yea
Atkins — Yea
Ridley-Thomas — Yea
Waldron — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Bocanegra — Yea
Holden — Yea
Jones-Sawyer — Yea
John A. Pérez — Yea
Levine — Yea
Salas — Yea
Medina — Yea
Melendez — Yea
Chesbro — Yea
Mullin — Yea
Chávez — Yea
Nestande — Not Voting
Ammiano — Yea
Conway — Yea
Cooley — Yea
Dickinson — Yea
Donnelly — Yea
Eggman — Yea
Olsen — Yea
Pan — Yea
Perea — Yea
Rendon — Yea
Ting — Yea
Weber — Yea
Wilk — Yea
Williams — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Hagman — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Ammiano — Yea
Jones-Sawyer — Yea
Quirk — Yea
Melendez — Yea
Skinner — Yea
Waldron — Yea
Mark Stone — Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does AB 2397 do?
Existing law generally requires a defendant in a criminal trial in which a felony is charged to be present at the arraignment, at the time of plea, during the preliminary hearing, during those portions of the trial when evidence is taken before the trier of fact, and at the time of the imposition of sentence. Existing law requires the accused to be personally present at all other proceedings unless he or she executes a written waiver of his or her right to be personally present. Existing law authorizes a court to permit the initial court appearance and arraignment of a defendant held in any state, county, or local facility within the county on felony or misdemeanor charges, except for those defendants who were indicted by a grand jury, to be conducted by 2-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom. Existing law requires the defendant to execute a written waiver if the defendant decides not to exercise the right to be physically present in the courtroom to make his or her plea. Existing law requires the attorney of a defendant so held to be present in court during the hearing for an initial court appearance and arraignment if the attorney is not present with the defendant. Existing law, notwithstanding this provision, requires the attorney to be present with the defendant in any county exceeding 4,000,000 persons in population. This bill would delete the requirement that the attorney be present in any county exceeding 4,000,000 persons in population. The bill would authorize a defendant who does not wish to be personally present for noncritical portions of the trial when no testimonial evidence is taken to submit an oral waiver in open court prior to the proceeding, or submit a written request to the court and would allow the court to grant the request in its discretion. The bill would allow a court, when a defendant has waived the right to be personally present, to require the appearance of a defendant held in any state, county, or local facility within the county on felony or misdemeanor charges to be conducted by 2-way electronic audiovideo communication between the defendant and the courtroom in lieu of the physical presence of the defendant in the courtroom for noncritical portions of the trial. If the defendant is represented by counsel, the bill would not require the attorney to be personally present with the defendant for noncritical portions of the trial, if the audiovideo conferencing system or other technology allows for private communication between the defendant and the attorney. The bill would state that it does not expand or limit the right of a defendant to be personally present with his or her counsel at a particular proceeding as required by the California Constitution.
Who sponsors AB 2397?
AB 2397 is sponsored by Frazier.
What is the current status of AB 2397?
This bill has been enacted into law. Introduced February 21, 2014. Enacted.
Where can I track AB 2397?
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