AB174 - Courts.

Amended IN Senate June 26, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 174 Introduced by Assembly Member Gabriel Committee on Budget (Assembly Members Gabriel (Chair), Addis, Ahrens, Alvarez, Bennett, Bonta, Caloza, Connolly, Fong, Haney, Hart, Jackson, Lee, Ortega, Patel, Petrie-Norris, Quirk-Silva, Ramos, Rogers, Schiavo, Schultz, Sharp-Collins, Solache, Stefani, Ward, and Wilson) January 08, 2025 An act relating to the Budget Act of 2025. An act to amend Sections 367.75, 367.76, and 367.8 of the Code of Civil Procedure, to amend Sections 69894 and 71651.1 of the Government Code, to amend Sections 977, 977.3, and 1043.5 of the Penal Code, and to amend Section 679.5 of the Welfare and Institutions Code, relating to courts, and making an appropriation therefor, to take effect immediately, bill related to the budget. LEGISLATIVE COUNSEL'S DIGEST AB 174, as amended, Committee on Budget. Budget Act of 2025. Courts. (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. This bill would express the intent of the Legislature to enact statutory changes relating to the Budget Act of 2025. Digest Key Vote: MAJORITY Appropriation: NO YES Fiscal Committee: NO YES Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 367.75 of the Code of Civil Procedure is amended to read: 367.75. (a) (1) Except as provided in subdivisions (b) and (d), in civil cases, when a party has provided notice to the court and all other parties that it or its witness intends to appear remotely, a that party or witness may appear remotely and the court may conduct conferences, hearings, and proceedings, in whole or in part, through the use of remote technology. (2) This section does not apply to any of the following type of proceedings: (A) Any proceeding in matters identified in paragraph (1) of subdivision (a) of Section 367.76. (B) A juvenile justice proceeding covered by Section 679.5 of the Welfare and Institutions Code. (b) Except as otherwise provided by law, the court may require a party or witness to appear in person at a conference, hearing, or proceeding described in subdivision (a), or under subdivisions (e) and (h), if any of the following conditions are present: (1) The court with jurisdiction over the case does not have the technology necessary to conduct the conference, hearing, or proceeding remotely. (2) Although the court has the requisite technology, the quality of the technology or audibility at a conference, hearing, or proceeding prevents the effective management or resolution of the conference, hearing, or proceeding. (3) 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. 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 court shall provide a reason for requiring an in-person appearance, either by stating the reason on the record, in a minute order, or on a form filed in the court’s file. The Judicial Council shall develop a form for this purpose. (4) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits the court reporter’s ability to accurately prepare a transcript of the conference, hearing, or proceeding. (5) The quality of the technology or audibility at a conference, hearing, or proceeding prevents an attorney from being able to provide effective representation to the attorney’s client. (6) The quality of the technology or audibility at a conference, hearing, or proceeding inhibits a court interpreter’s ability to provide language access to a court user or authorized individual. (c) Notwithstanding paragraph (3) of subdivision (b), an expert witness may appear remotely absent good cause to compel in-person testimony. (d) (1) Except as otherwise provided by law and subject to the limitations of subdivision (b), upon its own motion or the motion of any party, the court may conduct a trial or evidentiary hearing, in whole or in part, through the use of remote technology, absent a showing by the opposing party as to why a remote appearance or testimony should not be allowed. (2) (A) Except as provided in Section 269 of the Code of Civil Procedure and Section 69957 of the Government Code, if the court conducts a trial, in whole or in part, through the use of remote technology, the official reporter or official reporter pro tempore shall be physically present in the courtroom. (B) 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. (e) (1) Before the court with jurisdiction over the case may proceed with a remote conference, hearing, proceeding, or trial, 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 conference, hearing, proceeding, or trial. (2) The court shall require that a remote appearance by a party or witness have the necessary privacy and security appropriate for the conference, hearing, proceeding, or trial. (3) 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 conference, hearing, proceeding, or trial. The court shall make information available to self-represented parties regarding the options for appearing in person and through the use of remote technology. (f) The court shall not require a party to appear through the use of remote technology. If the court permits an appearance through remote technology, the court must ensure that technology in the courtroom enables all parties, whether appearing remotely or in person, to fully participate in the conference, hearing, or proceeding. (g) A self-represented party may appear remotely in a conference, hearing, or proceeding conducted through the use of remote technology only if they agree to do so. (h) Any juvenile dependency proceeding may be conducted in whole or in part through the use of remote technology subject to the following: (1) Any person authorized to be present may request to appear remotely. (2) (A) Any party to the proceeding may request that the court compel the physical presence of a witness or party. A witness, including a party providing testimony, may appear through remote technology only with the consent of all parties, except as provided in subparagraph (B), and if the witness has access to the appropriate technology. (B) A parent, child, nonminor dependent, or Indian tribe as defined in Section 224.1 of the Welfare and Institutions Code, may utilize remote technology for the appearance of an expert witness without the consent of all parties. (3) A court shall not require a party to appear through the use of remote technology. (4) The confidentiality requirements that apply to an in-person juvenile dependency proceeding shall apply to a juvenile dependency proceeding conducted through the use of remote technology. (i) (1) Notwithstanding Section 8613.5 of the Family Code, in an adoption proceeding under Division 13 (commencing with Section 8500) of the Family Code, the court may conduct an adoption finalization hearing, in whole or in part, through the use of remote technology, without the court finding that it is impossible or impracticable for either prospective adoptive parent to make the appearance in person. (2) A court shall not require a party to appear through the use of remote technology. (3) The confidentiality and privacy requirements that apply to an in-person adoption finalization hearing, including, but not limited to, the requirements in Section 8611 of the Family Code, apply to an adoption finalization hearing conducted through the use of remote technology. (j) For purposes of this section, a party includes a nonparty subject to Chapter 6 of Title 4 of Part 4 (commencing with Section 2020.010). (k) Subject to the limitations in subdivision (b), this section is not intended to prohibit the use of appearances through the use of remote technology when stipulated by attorneys for represented parties. (l) Consistent with its constitutional rulemaking authority, the Judicial Council shall adopt rules to implement the policies and provisions in this section to promote statewide consistency, including, but not limited to, the following procedures: (1) A deadline by which a party must notify the court and the other parties of their request to appear remotely. (2) Procedures and standards for a judicial officer to determine when a conference, hearing, or proceeding may be conducted through the use of remote technology. The procedures and standards shall require that a judicial officer give consideration to the limited access to technology or transportation that a party or witness might have. (m) This section shall remain in effect only until January 1, 2027, 2032, and as of that date is repealed. SEC. 2. Section 367.76 of the Code of Civil Procedure is amended to read: 367.76. (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 60 [Text truncated for display. Full text available on Congress.gov.]