Section 367.76 - [Effective until 1/1/2027 ] Applicability to proceedings(a)(1) This section applies to proceedings in the following matters: (A) Judicial commitments under Part 2 (commencing with Section 6250) of Division 6 of the Welfare and Institutions Code, except for delinquency proceedings.(B) Involuntary treatment and conservatorships of gravely disabled persons under Chapter 1 (commencing with Section 5000), Chapter 2 (commencing with Section 5150), and Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, including Murphy conservatorships.(C) Contempt proceedings under Title 5 (commencing with Section 1209) of Part 3 of this code.(D) Mentally disordered offender proceedings under Article 4 (commencing with Section 2960) of Chapter 7 of Title 1 of Part 3 of the Penal Code.(E) Commitment proceedings under Section 1026, et seq. of the Penal Code.(F) Competency proceedings under Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code.(G) Placement and revocation proceedings pursuant to Section 1600 et seq. of the Penal Code.(H) Involuntary medication and treatment hearings for individuals committed or awaiting admission to a State Department of State Hospitals facility as described in Section 4100 of the Welfare and Institutions Code.(2) This section does not apply to proceedings in matters brought pursuant to Sections 601 and 602 of the Welfare and Institutions Code.(b) For the purposes of this section, the following definitions apply: (1) "Person" means the person subject to any proceeding in matters described in paragraph (1) of subdivision (a).(2) "Proceeding" or "proceedings" includes, but is not limited to, all hearings, conferences, and trials in matters described in paragraph (1) of subdivision (a).(3) "Remote technology" means technology that provides for the two-way transmission of video and audio signals except that audio signals alone may be permitted where specifically authorized by law. Remote technology shall include, but not be limited to, a computer, tablet, telephone, cellular telephone, or other electronic or communications device. Notwithstanding the foregoing and subject to subdivision (h), the person subject to the proceeding, in consultation with counsel if represented, may, at their request, participate through audio-only technology.(c) Proceedings in matters arising under subdivision (a) may be conducted through the use of remote technology subject to the following: (1) A person has the right to be physically present for all proceedings and shall not be required to appear through the use of remote technology.(2) A person may waive their right to be physically present and may elect to appear remotely.(3) Except as provided in subdivisions (d), (e), and (h), a party, counsel for a party, or witness may appear through the use of remote technology.(4) The confidentiality requirements that apply to inperson proceedings shall apply with equal force and effect when conducted through the use of remote technology.(d) If the person is physically present in court the following shall apply: (1) Absent exceptional circumstances and except as provided in paragraphs (3) and (4), counsel for the person, counsel for the other party or parties, the other party or parties, and the judicial officer shall be physically present in the courtroom.(2) Except as provided in paragraphs (3) and (4) and paragraph (3) of subdivision (b) of Section 1370 of the Penal Code, absent a waiver by the person or a finding of good cause by the court, any witness the other party or parties calls shall be physically present in the courtroom. In determining whether good cause exists to excuse the physical presence of a witness, the court shall consider the distance the witness must travel, the nature of the testimony, and the nature of the proceeding.(3) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of Developmental Services shall not be required to be physically present in the courtroom absent a finding of good cause by the court.(4) Notwithstanding paragraphs (1) and (2), counsel and witnesses for the State Department of State Hospitals shall not be required to be physically present in the courtroom in any nonjury trial matters or proceedings described in paragraph (1) of subdivision (a) absent a finding of good cause by the court.(e) Notwithstanding any other law, unless good cause exists, a court shall not compel the physical presence of the person who is a patient in a State Department of State Hospitals or State Department of Developmental Services facility or other inpatient or outpatient treatment facility absent consent of the person in consultation with counsel. In determining whether good cause exists to compel the physical presence of a patient, the court shall consider the nature of the hearing and whether requiring the physical presence of the patient would interfere with the person's program of treatment or be detrimental to their mental or physical health.(f)(1) Until July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer except where the court finds that, as the result of unusual circumstances, this requirement would place extreme or undue hardship on the court or the litigants. For purposes of this paragraph, "unusual circumstances" means a work stoppage, a circumstance described in subdivision (a) of Section 68115 of the Government Code, an unforeseen emergency, court proceedings conducted in a remote court location to which a judicial officer is not regularly assigned to sit, or when a judicial officer has to travel to a location outside of a courthouse to conduct the proceeding.(2) Beginning July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer if the court cannot provide the technology standards described in subdivision (o).(g) If the court conducts a trial, in whole or in part, through the use of remote technology, upon request, the court interpreter shall be physically present in the courtroom.(h)(1) If any of the following conditions are present and cannot be resolved, the court shall not permit any party, counsel, or witness to appear or participate in proceedings through the use of remote technology, and shall continue any proceeding being conducted with the use of remote technology: (A) The court does not have the technology necessary to conduct the proceeding remotely.(B) Although the court has the requisite technology, the quality of the technology or audibility at a proceeding prevents the effective management or resolution of the proceeding.(C) The quality of the technology or audibility at a proceeding inhibits the court reporter's ability to accurately prepare and certify a transcript of the proceeding.(D) The court reporter is unable to capture the verbatim record and certify a transcript of any proceeding that is conducted remotely, in whole or in part, to the same extent and in the same manner as if it were not conducted remotely.(E) The quality of the technology or audibility at a proceeding inhibits the ability of the person to understand or participate in the proceeding.(F) The quality of the technology or audibility at a proceeding inhibits counsel from being able to provide effective representation to the person.(G) The court does not have the technology necessary for secure, confidential communication between counsel and the person.(H) The quality of the technology or audibility at a proceeding inhibits a court interpreter's ability to provide language access, including to communicate and interpret directly with the person and the court during the proceedings.(2) Except as provided in subdivision (e) or otherwise provided by law, the court may require a party or witness to appear in person at a proceeding if the court determines on a hearing-by-hearing basis that an inperson appearance would materially assist in the determination of the proceeding or resolution of the case. The court's determination shall be based on the individual case before the court and shall be entered into the minutes or otherwise made on the record. In making its determination, the court shall consider the request of the person, the nature of the proceedings, and whether requiring the physical presence of the person would disrupt the person's program of treatment or be detrimental to their mental or physical health.(3) The court shall not continue proceedings beyond statutory time limits pursuant to this section absent a waiver by the person in consultation with counsel.(i) Subject to the limitations in subdivision (h), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties.(j) Before the court may conduct proceedings through the use of remote technology, the court shall have a process for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the proceedings.(k) The court shall inform all parties, particularly parties without legal representation, about the potential technological or audibility issues that could arise when using remote technology, which may require a delay of or halt the proceedings. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology.(l) A self-represented party may appear remotely in a proceeding conducted through the use of remote technology only if they agree to do so.(m) For purposes of this section, a party includes a nonparty subject to Chapter 6 (commencing with Section 2020.010) of Title 4 of Part 4.(n) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt such other rules and standards as are necessary to implement the policies and provisions of this section and the intent of the Legislature.(o) By April 1, 2024, the Judicial Council shall adopt, and trial courts shall implement by July 1, 2024, minimum standards for the courtroom technology necessary to permit remote participation in proceedings subject to this section. Those standards shall include, but not be limited to, hard-wired or other reliable high-speed internet connections in the courtroom for the judicial officer and court reporter, and monitors, dedicated cameras, speakers, and microphones so the judicial officer, court reporter, and court interpreter can appropriately see and hear remote participants, as well as to ensure that remote participants can appropriately see and hear the judicial officer and other courtroom participants.(p) Consistent with federal and California labor law, a trial court shall not retaliate or threaten to retaliate against an official reporter or an official reporter pro tempore who notifies the judicial officer that technology or audibility issues are impeding the creation of the verbatim record of a proceeding that includes participation through remote technology. This subdivision shall only apply to an official reporter and an official reporter pro tempore when they meet the definition of "trial court employee" under subdivision (l) of Section 71601 of the Government Code.(q) This section shall remain in effect only until January 1, 2027, and as of that date is repealed.Ca. Civ. Proc. Code § 367.76
Amended by Stats 2024 ch 51 (AB 170),s 3, eff. 7/2/2024.Added by Stats 2023 ch 34 (SB 133),s 4, eff. 6/30/2023.