California SB 174

(1) Existing law authorizes, until January 1, 2027, a party to appear remotely and a court to conduct conferences, hearings, proceedings, and trials in civil cases, in whole or in part, through the use of remote technology. Under existing law, a court may require an in-person appearance under specified conditions, including if the court determines on a hearing-by-hearing basis that an in-person appearance would materially assist in the determination of the conference, hearing, or proceeding or in the effective management or resolution of the particular case. Existing law additionally authorizes, until January 1, 2027, the use of remote technology, as defined, for other types of proceedings, including, among others, proceedings regarding the involuntary treatment and conservatorship of gravely disabled persons under specified provisions, contempt proceedings, and competency proceedings. This bill would extend these provisions to also apply to witnesses until January 1, 2032. The bill would instead authorize a court to require an-person appearance if, among other reasons, a court determines on a hearing-by-hearing basis that an in-person appearance is necessary to the determination of the conference, hearing, or proceeding or that remote attendance would materially impair the resolution of the conference, hearing, or proceeding. Beginning January 1, 2027, the bill would require courts to provide a reason for requiring an in-person appearance, as specified. Existing law, until January 1, 2027, requires each superior court to annually report to the Judicial Council, and the Judicial Council to annually report to the Legislature, to assess the impact of technology issues or problems affecting remote proceedings. This bill would extend these provisions until January 1, 2032. (2) Existing law generally allows, until January 1, 2027, upon a defendant's waiver of the right to be physically present, criminal proceedings to be conducted through the use of remote technology, except as specified. Existing law authorizes, until January 1, 2027, a witness in a criminal proceeding to testify using remote technology, except for felony trials, with the written or oral consent of the parties on the record and the consent of the court. Existing law requires a defendant to be personally present in a preliminary hearing unless otherwise specified. Existing law, until January 1, 2027, prohibits these provisions from limiting the right of a defendant to appear through the use of remote technology, as specified. This bill would extend these provisions until January 1, 2032. (3) Existing law prohibits, until January 1, 2027, a trial court from retaliating against an official court reporter or official court reporter pro tempore for notifying a judicial officer that technology or audibility issues are interfering with the creation of the verbatim record of a remote proceeding. This bill would extend these provisions until January 1, 2032. (4) Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court. Existing law authorizes the use of remote technology in juvenile justice proceedings, as defined, except in specified circumstances, until January 1, 2027. This bill would extend these provisions until January 1, 2032. (5) Existing law generally requires employers, including the superior court, to provide employees with the use of a lactation room or other location for employees to express milk in private, including, among other things, a clean and safe place to sit. Existing law requires the superior court, commencing July 1, 2026 , to provide any court user access to a lactation room in any courthouse in which a lactation room is also provided to court employees, as specified. This bill would delay, until July 1, 2029, the date by which the courts are required to provide public lactation rooms. (6) This bill would appropriate $100,000 from the General Fund to the Judicial Council for purposes of lactation room modifications. (7) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.