A pilot court may offer online trials through an online tool as part of the pilot program. If a pilot court elects to offer online trials as part of the pilot program, it shall also continue to make trials by written declaration under Section 40902 available to defendants. If a pilot court makes online trials available to defendants, the following shall apply to all online trials and trials by written declaration adjudicated during the pilot, notwithstanding Section 40902:
(a) A defendant shall elect to have an online trial or trial by written declaration prior to the appearance date indicated on the notice to appear, unless the court grants the defendant an extension, or the court permits the defendant to have an online trial or trial by written declaration at a later date.
(b) If a defendant elects to have a trial through the online tool or trial by written declaration, the court shall not require the defendant submit bail in advance, unless the court makes express findings as to why a particular defendant shall be required to post bail.
(c) Testimony and other relevant evidence may be introduced in the form of a notice to appear issued under Section 40500, a business record or receipt, a sworn declaration of the arresting officer, and a sworn declaration by the defendant.
(d) If a defendant elects to have a trial through the online tool or trial by written declaration, the defendant shall not have a right to a trial de novo.
(e) The pilot court may adopt local rules or forms to be consistent with this section, and the rules and forms shall govern proceedings under this section during the pilot that would otherwise have been governed by the forms and California Rules of Court adopted by the Judicial Council.
(Added by Stats. 2018, Ch. 45, Sec. 19. (SB 847) Effective June 27, 2018. Inoperative June 30, 2022 Repealed as of January 1, 2023, pursuant to Section 40288)
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