California § 68645.4. 68645.4. (Amended by Stats. 2022, Ch. 57, Sec. 8.)

California Statutes

§ 68645.4. — 68645.4. (Amended by Stats. 2022, Ch. 57, Sec. 8.)

California·Code GOV Government Code - GOV·Title 8. TITLE 8. THE ORGANIZATION AND GOVERNMENT OF COURTS·Ch. 2. CHAPTER 2. The Judicial Council·Art. 7. ARTICLE 7. Ability to Pay Program

(a)A court may offer trials by declaration through an online tool for all infractions for which a personal appearance is not required. If a court offers online trials pursuant to this section, all of the following shall apply, notwithstanding Section 40902 of the Vehicle Code:

(1)A defendant shall elect to have an online trial prior to the appearance date indicated on the notice to appear, unless the court grants the defendant an extension, or the court permits the defendant to have a trial at a later date.

(2)If a defendant elects to have a trial through the online tool pursuant to this section, the court shall not require the defendant to submit bail in advance, unless the court makes express findings as to why a particular defendant shall be required to submit bail.

(3)Testimony and

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(a)
A court may offer trials by declaration through an online tool for all infractions for which a personal appearance is not required. If a court offers online trials pursuant to this section, all of the following shall apply, notwithstanding Section 40902 of the Vehicle Code:
(1)
A defendant shall elect to have an online trial prior to the appearance date indicated on the notice to appear, unless the court grants the defendant an extension, or the court permits the defendant to have a trial at a later date.
(2)
If a defendant elects to have a trial through the online tool pursuant to this section, the court shall not require the defendant to submit bail in advance, unless the court makes express findings as to why a particular defendant shall be required to submit bail.
(3)
Testimony and other relevant evidence may be introduced in the form of a notice to appear, a business record or receipt, a sworn declaration of the arresting officer, and a sworn declaration by the defendant.
(4)
If a defendant elects to have a trial through the online tool pursuant to this section, the defendant shall not have a right to a trial de novo.
(b)
If a court elects to offer online trials pursuant to this section, it shall also make trials by written declaration available to defendants, and paragraphs (1) to (4), inclusive, of
subdivision (a) shall apply to all trials by written declaration.
(c)
A court may adopt local rules or forms to be consistent with this section, and the rules and forms shall govern proceedings pursuant to this section unless the Judicial Council adopts rules of court or forms for purposes of this article.

California § 68645.4. (68645.4. (Amended by Stats. 2022, Ch. 57, Sec. 8.)) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.