(a) A juvenile justice proceeding may be conducted in whole or in part through the use of remote technology, subject to the provisions of this section. (b) As used in this section, the following definitions apply: (1) âJuvenile justice proceedingâ means a conference, hearing, or proceeding pursuant to Section 601 or 602. (2) âMinorâ means a person subject to a petition pursuant to Section 601 or 602. (3) âRemote proceedingâ means a juvenile justice proceeding conducted in whole or in part through the use of remote technology. (4) âRemote technologyâ means technology that provides for the two-way transmission of video and audio signals except that audio signals alone may be permitted where specifically authorized by subdivision (k) of Section 224.2. Remote technology shall include, but not be limited to, a computer, tablet, telephone, cellular telephone, or other electronic or communications device. Notwithstanding the foregoing, and subject to subdivision (i), a minor, minorâs family member or guardian, at the individualâs request, may participate through audio only technology. (c) Except as provided in subdivisions (d), (e), and (f), a minor has the right to be physically present in any juvenile justice proceeding and has the right, subject to express waiver, to the physical presence of defense counsel, any prosecution witnesses whom the prosecution calls to testify, and the judicial officer. (d) A minor, in consultation with counsel, may waive their right to be physically present and may elect to appear remotely. The court shall take the waiver on the record, but the waiver may be taken remotely. If the minor waives their right to be physically present, the minor, in consultation with counsel, also may waive their right to physical presence of persons identified in subdivision (c). (e) If the minor is physically present in court, defense counsel shall be physically present absent exceptional circumstances and subject to the express waiver of the minor. If a minor waives their right to be physically present and appears remotely, defense counsel may also appear remotely. (f) A minorâs parent or guardian may appear through remote technology, subject to the courtâs authority to require the person to be physically present, in accordance, and consistent, with subdivision (i). (g) A minor retains the same constitutional rights as a criminal defendant to confront and cross-examine witnesses. (h) The court shall not require any party or witness to appear through the use of remote technology. (i) (1) If any of the following conditions are present and cannot be resolved, the court shall not permit any party, counsel, or witness to appear or participate in a juvenile justice proceeding through the use of remote technology, and shall continue any juvenile justice proceeding being conducted with remote technology: (A) The court does not have the technology necessary to conduct the juvenile justice proceeding remotely. (B) Although the court has the requisite technology, the quality of the technology or audibility prevents the effective management or resolution of the juvenile justice proceeding. (C) The quality of the technology or audibility at a juvenile justice proceeding inhibits the court reporterâs ability to accurately prepare and certify a transcript of the juvenile justice proceeding. (D) The court reporter is unable to capture the verbatim record and certify a transcript of any proceeding that is conducted remotely, in whole or in part, to the same extent and in the same manner as if it were not conducted remotely. (E) The quality of the technology or audibility at a juvenile justice proceeding prevents an attorney from being able to provide effective representation to the attorneyâs client. (F) The quality of the technology or audibility at a juvenile justice proceeding inhibits a court interpreterâs ability to provide language access to a court user or authorized individual. (2) Except as otherwis
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