California Penal Code

§ 1193

PEN § 1193 Effective Jul 2, 2024Title 8 · Part 2 · Ch. 1

Statute text

Judgment upon persons convicted of commission of crime shall be pronounced as follows:

(a)(1) If the conviction is for a felony, the defendant shall be personally present when judgment is pronounced against them, unless the defendant, in open court and on the record or in a notarized writing, requests that judgment be pronounced against them in their absence, and that they be represented by an attorney when judgment is pronounced, and the court approves the defendant’s absence during the pronouncement of judgment, or unless, after the exercise of reasonable diligence to procure the presence of the defendant, the court finds that it will be in the interest of justice that judgment be pronounced in the defendant’s absence.

(2)Notwithstanding paragraph (1), when any judgment imposing the death penalty has been affirmed by the appellate court, sentence may be reimposed upon the defendant in their absence by the court from which the appeal was taken in the following manner:

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Legislative history

Amended by Stats. 2024, Ch. 49, Sec. 3. (AB 168) Effective July 2, 2024.