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.
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Existing law allows a person who was arrested or convicted of a nonviolent offense while they were a victim of human trafficking to petition the court for vacatur relief. Existing law requires the petitioner to establish by clear and convincing evidence that the arrest and conviction were the direct result of being a victim of human trafficking. Existing law requires that a petition be made and heard within a reasonable time after the person has ceased to be a victim of human trafficking, or within a reasonable time after the petitioner has sought services, whichever is later. Existing law allows a petitioner, or the petitioner's attorney, to be excused from appearing in person at a hearing on the petition only if the court finds a compelling reason why the petitioner cannot attend, in which case existing law allows the petitioner to appear by electronic means. This bill would prohibit a court from refusing to hear the petition on the basis of the petitioner's outstanding fines and fees or the petitioner's failure to meet the conditions of probation. With the exception of restitution, the bill would require that the collection of fines imposed as a result of a nonviolent offense that is the subject of the petition be stayed while the petition is pending. This bill would also allow the petitioner to appear at all hearings on the petition by counsel if the petition is unopposed. The bill would allow a petition to be made and heard at any time after the person has ceased to be a victim of human trafficking, or at any time after the petitioner has sought services for being a victim of human trafficking. The bill would specify that the right to petition for relief pursuant to these provisions does not expire with the passage of time. Existing law requires the court, for petitioners who qualify for vacatur relief, to order designated law enforcement agencies to seal their records of the petitioner's arrest and the court order to seal and destroy the records within 3 years from the date of arrest, or within one year after the court order for vacatur relief is granted, whichever is later, and thereafter destroy those records. Existing law requires the court to provide the petitioner with a copy of any court order concerning the destruction of the arrest records. This bill would designate additional agencies required to seal and destroy arrest records and require all designated agencies to seal and destroy the arrest records within one year of the date of arrest, or 90 days from the date the court order for vacatur relief is granted, whichever is later. The bill would also require the court to provide the petitioner and their counsel with a copy of any form the court submits to any agency related to the sealing and destruction of arrest records. The bill would require the department to notify the petitioner and their counsel that the department has complied with the order to seal the arrest records.
This measure would proclaim November 3, 2021, as One Health Day, to celebrate and bring attention to the need for a One Health approach to address shared health threats at the human-animal-environmental interface.
This measure would designate the month of September 2021 as Leukemia, Lymphoma, and Myeloma Awareness Month and Blood Cancer Awareness Month and the first week of September 2021 as Blood Donation Week.
This measure would declare August 2021 as Valley Fever Awareness Month.
This measure would designate a specified portion of Westside Parkway on State Route 58 in the County of Kern as the Harvey L. Hall Memorial Highway. The measure would request that the Department of Transportation determine the costs of appropriate signs showing this special designation and, upon receiving donations from nonstate sources covering those costs, erect those signs.
This measure would request that the Congress of the United States and the United States Environmental Protection Agency take all measures necessary to prevent further damage to California's citizens, wildlife, and natural resources by the dichloro-diphenyl-trichloroethane waste dumped in the waters near Santa Catalina Island.
This measure would proclaim May 2021 as Sea Level Rise Awareness Month in California in order to recognize the devastating effects of climate change and encourage local governments to take action.
This measure would declare the month of September 2021 as California Emergency Preparedness Month.
This measure would designate November 2021 as Runaway and Homeless Youth Prevention Month and recognize the need for individuals, schools, communities, businesses, local governments, and the state to take action on behalf of runaway and homeless youth in California.