Section 959.1 Of Chapter 2. Rules Of Pleading From California Penal Code >> Title 5. >> Part 2. >> Chapter 2.
959.1
. (a) Notwithstanding Sections 740, 806, 949, and 959 or any
other law to the contrary, a criminal prosecution may be commenced by
filing an accusatory pleading in electronic form with the magistrate
or in a court having authority to receive it.
(b) As used in this section, accusatory pleadings include, but are
not limited to, the complaint, the information, and the indictment.
(c) A magistrate or court is authorized to receive and file an
accusatory pleading in electronic form if all of the following
conditions are met:
(1) The accusatory pleading is issued in the name of, and
transmitted by, a public prosecutor or law enforcement agency filing
pursuant to Chapter 5c (commencing with Section 853.5) or Chapter 5d
(commencing with Section 853.9), or by a clerk of the court with
respect to complaints issued for the offenses of failure to appear,
pay a fine, or comply with an order of the court.
(2) The magistrate or court has the facility to electronically
store the accusatory pleading for the statutory period of record
retention.
(3) The magistrate or court has the ability to reproduce the
accusatory pleading in physical form upon demand and payment of any
costs involved.
An accusatory pleading shall be deemed to have been filed when it
has been received by the magistrate or court.
When transmitted in electronic form, the accusatory pleading shall
be exempt from any requirement that it be subscribed by a natural
person. It is sufficient to satisfy any requirement that an
accusatory pleading, or any part of it, be sworn to before an officer
entitled to administer oaths, if the pleading, or any part of it,
was in fact sworn to and the electronic form indicates which parts of
the pleading were sworn to and the name of the officer who
administered the oath.
(d) Notwithstanding any other law, a notice to appear issued on a
form approved by the Judicial Council may be received and filed by a
court in electronic form, if the following conditions are met:
(1) The notice to appear is issued and transmitted by a law
enforcement agency prosecuting pursuant to Chapter 5c (commencing
with Section 853.5) or Chapter 5d (commencing with Section 853.9) of
Title 3 of Part 2 of this code, or Chapter 2 (commencing with Section
40300) of Division 17 of the Vehicle Code.
(2) The court has all of the following:
(A) The ability to receive the notice to appear in electronic
format.
(B) The facility to electronically store an electronic copy and
the data elements of the notice to appear for the statutory period of
record retention.
(C) The ability to reproduce the electronic copy of the notice to
appear and those data elements in printed form upon demand and
payment of any costs involved.
(3) The issuing agency has the ability to reproduce the notice to
appear in physical form upon demand and payment of any costs
involved.
(e) A notice to appear that is received under subdivision (d) is
deemed to have been filed when it has been accepted by the court and
is in the form approved by the Judicial Council.
(f) If transmitted in electronic form, the notice to appear is
deemed to have been signed by the defendant if it includes a
digitized facsimile of the defendant's signature on the notice to
appear. A notice to appear filed electronically under subdivision (d)
need not be subscribed by the citing officer. An electronically
submitted notice to appear need not be verified by the citing officer
with a declaration under penalty of perjury if the electronic form
indicates which parts of the notice are verified by that declaration
and the name of the officer making the declaration.