Criminal procedure: arraignment and trial.

Existing provisions of the California Constitution provide a criminal defendant the right to be personally present with counsel at trial. Existing law requires a defendant to be present at a felony trial or preliminary hearing. Existing law, however, also authorizes a court to proceed, in the defendant's absence, with a trial or preliminary hearing that has commenced in the presence of the defendant, but from which the defendant is voluntarily absent or has been removed from the courtroom for disruptive behavior, as specified. This bill would specify that a trial or preliminary hearing shall be deemed to have "commenced in the presence" of a defendant who is in custody and refuses to appear in court, if the court makes certain specified findings on the record, by clear and convincing evidence. Existing law authorizes a court, in a misdemeanor case, to proceed in the defendant's absence, as specified, if a defendant has provided a waiver and is represented by counsel. This bill would allow the court to proceed, with or without a waiver, in any misdemeanor case in which the defendant is in custody and refuses to appear in court, if the court makes certain specified findings on the record, by clear and convincing evidence.