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SB 133 amends Code of Civil Procedure section 367.75, the statute that authorizes courts to conduct proceedings using remote technology in all civil matters, extending the sunset date of that statute from July 1, 2023, to January 1, 2026.
Highlights of the bill include: Compare Versions - SB-133 Courts. Courts. (ca.gov)
- Existing law, until July 1, 2023, imposes a supplemental fee of $40 for filing any first paper subject to the uniform fee in certain civil proceedings, subject to reduction if the amount of the General Fund appropriation to the Trial Court Trust Fund is decreased from the amount appropriated in the 2013–14 fiscal year.
- This bill, among other things, would remove the July 1, 2023, sunset from those provisions, thereby extending those supplemental fees indefinitely.
- Under existing law, the uniform fee for filing any specified motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is $60 until July 1, 2023, at which time that fee is reduced to $40.
- This bill would remove the July 1, 2023, reduction of that filing fee to $40 and would indefinitely extend the operation of the $60 supplemental fee.
- Existing law authorizes, until July 1, 2023, 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.
- This bill would extend these provisions until January 1, 2026.
- The bill would exempt specific types of proceedings from these provisions.
- The bill would authorize, until January 1, 2026, a court to conduct an adoption finalization hearing, in whole or in part, through the use of remote technology, without the court making specific findings and would prohibit a court from requiring a party to appear through the use of remote technology.
- The bill would additionally authorize, until January 1, 2026, 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.
- The bill would provide specified circumstances in which remote technology cannot be used.
- Existing law prohibits, until January 1, 2024, 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 for a remote proceeding conducted pursuant to specified provisions of the Penal Code.
- This bill would, until January 1, 2026, expand application of this provision to all proceedings that include participation through remote technology, but would limit application to an official reporter or official reporter pro tempore that qualifies as a “trial court employee,” as defined.
- 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 provides the right of a minor subject to juvenile court hearings to be physically present for those hearings.
- This bill would authorize the use of remote technology in juvenile justice proceedings, as defined, except in specified circumstances, until January 1, 2026.
- The bill would authorize the court to develop local procedures or protocols regarding the use of remote technology consistent with legislative findings and declarations in support of these provisions.
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