Penal Code section 977.3

(a)

A witness may testify in any misdemeanor or felony criminal proceeding, except for felony trials, through the use of remote technology with the written or oral consent of the parties on the record and with the consent of the court. The defendant shall waive the right to have a witness testify in person on the record and may withdraw this waiver at any time upon finding of good cause.

(b)

Notwithstanding subdivision (a), the court may allow a witness to testify through the use of remote technology as otherwise provided by statutes regarding the examination of victims of sexual crimes and conditional examinations of witnesses.

(c)

The court shall make findings on the record that any waiver entered into pursuant to this section is knowingly, voluntarily, and intelligently made by the defendant.

(d)

A written waiver of a witness’s physical presence at a misdemeanor jury trial shall be substantially in the following form:
“Waiver of a Witness’s Physical Presence at Misdemeanor Jury Trials”
“The undersigned defendant, having been advised of their right to have [name of witness] be physically present at a misdemeanor jury trial, hereby knowingly, intelligently, and voluntarily waives the right to have [name of witness] be physically present at the misdemeanor jury trial. The undersigned defendant may withdraw this consent at any time upon a finding of good cause. Good cause to withdraw consent is satisfied when the quality of the technology or audibility at the misdemeanor jury trial inhibits the court reporter’s ability to accurately prepare and certify a transcript of the proceeding.”

(e)

The Judicial Council shall adopt rules and standards that are necessary to implement the policies and provisions of this section and the intent of the Legislature.

(f)

This section shall remain in effect only until January 1, 2027, and as of that date is repealed.

Source: Section 977.3, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=977.­3.­ (accessed Apr. 24, 2025).

Last Updated

Apr. 24, 2025

§ 977.3’s source at ca​.gov