Amended IN Assembly September 03, 2019 Amended IN Assembly July 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 471Introduced by Senator SternFebruary 21, 2019 An act to amend Sections 1327 and Section 1328d of, and to repeal Sections 1328a, 1328b, and 1328c of, the Penal Code, relating to subpoenas.LEGISLATIVE COUNSEL'S DIGESTSB 471, as amended, Stern. Subpoenas: form and service.Existing law provides that the process by which the attendance of a witness before a court or magistrate is required in a criminal action is a subpoena, which may be signed and issued by any of specified persons, including courts, district attorneys, and public defenders. A subpoena is required to be substantially in a prescribed form.This bill would require a subpoena to contain a unique numeric or alphanumeric identification code, known as a subpoena number. By imposing additional duties on local government agencies, the bill would impose a state-mandated local program.Existing law authorizes service of a subpoena to be made by delivery of the subpoena to the witness personally, or by mail or messenger. Existing law requires service to be effected when the witness acknowledges receipt of the subpoena to the sender and identifies themselves themselves, as specified. Existing law requires the sender to make a written notation of the identifying information obtained. Existing law makes a failure to comply with a subpoena issued and acknowledged pursuant to these provisions punishable as a contempt.This bill would additionally authorize delivery of a subpoena by electronic mail or facsimile transmission. The bill would require, for service to be effected, that the witness identify the subpoena by reference to its unique subpoena number, and would require the sender to make a written notation of the fact that the witness made that identification.By applying the punishment of contempt to the failure to comply with a subpoena issued by electronic mail or facsimile transmission, thereby expanding the scope of a crime, this bill would impose a state-mandated local program.Existing law governs the procedures that apply to the issuance of a telegraphic copy of a subpoena for a witness in a criminal proceeding by telegraph or teletype.This bill would repeal those provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 1327 of the Penal Code is amended to read:1327.(a)(1)A subpoena authorized by Section 1326 shall be substantially in the following form:The people of the State of California to A. B.:You are commanded to appear before C. D., a judge of the ____ Court of ____ County, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the State of California against E. F.Given under my hand this ____ day of ____, A.D. 20____. G. H., Judge of the ____ Court (or J. K., District Attorney, or J. K., District Attorney Investigator, or D. E., Public Defender, or D. E., Public Defender Investigator, or F. G., Defense Counsel, or By order of the court, L. M., Clerk, or as the case may be).(2)If books, papers, or documents are required, a direction to the following effect shall be contained in the subpoena: And you are required, also, to bring with you the following (describing intelligibly the books, papers, or documents required).(b)Each subpoena issued pursuant to Section 1326 shall contain a unique numeric or alphanumeric identification code, known as a subpoena number.SEC. 2.SECTION 1. Section 1328a of the Penal Code is repealed.SEC. 3.SEC. 2. Section 1328b of the Penal Code is repealed.SEC. 4.SEC. 3. Section 1328c of the Penal Code is repealed.SEC. 5.SEC. 4. Section 1328d of the Penal Code is amended to read:1328d. (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the senders online form, or in person, and identifies themselves by reference to their date of birth and drivers license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
Amended IN Assembly September 03, 2019 Amended IN Assembly July 01, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 471Introduced by Senator SternFebruary 21, 2019 An act to amend Sections 1327 and Section 1328d of, and to repeal Sections 1328a, 1328b, and 1328c of, the Penal Code, relating to subpoenas.LEGISLATIVE COUNSEL'S DIGESTSB 471, as amended, Stern. Subpoenas: form and service.Existing law provides that the process by which the attendance of a witness before a court or magistrate is required in a criminal action is a subpoena, which may be signed and issued by any of specified persons, including courts, district attorneys, and public defenders. A subpoena is required to be substantially in a prescribed form.This bill would require a subpoena to contain a unique numeric or alphanumeric identification code, known as a subpoena number. By imposing additional duties on local government agencies, the bill would impose a state-mandated local program.Existing law authorizes service of a subpoena to be made by delivery of the subpoena to the witness personally, or by mail or messenger. Existing law requires service to be effected when the witness acknowledges receipt of the subpoena to the sender and identifies themselves themselves, as specified. Existing law requires the sender to make a written notation of the identifying information obtained. Existing law makes a failure to comply with a subpoena issued and acknowledged pursuant to these provisions punishable as a contempt.This bill would additionally authorize delivery of a subpoena by electronic mail or facsimile transmission. The bill would require, for service to be effected, that the witness identify the subpoena by reference to its unique subpoena number, and would require the sender to make a written notation of the fact that the witness made that identification.By applying the punishment of contempt to the failure to comply with a subpoena issued by electronic mail or facsimile transmission, thereby expanding the scope of a crime, this bill would impose a state-mandated local program.Existing law governs the procedures that apply to the issuance of a telegraphic copy of a subpoena for a witness in a criminal proceeding by telegraph or teletype.This bill would repeal those provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
Amended IN Assembly September 03, 2019 Amended IN Assembly July 01, 2019
Amended IN Assembly September 03, 2019
Amended IN Assembly July 01, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill
No. 471
Introduced by Senator SternFebruary 21, 2019
Introduced by Senator Stern
February 21, 2019
An act to amend Sections 1327 and Section 1328d of, and to repeal Sections 1328a, 1328b, and 1328c of, the Penal Code, relating to subpoenas.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 471, as amended, Stern. Subpoenas: form and service.
Existing law provides that the process by which the attendance of a witness before a court or magistrate is required in a criminal action is a subpoena, which may be signed and issued by any of specified persons, including courts, district attorneys, and public defenders. A subpoena is required to be substantially in a prescribed form.This bill would require a subpoena to contain a unique numeric or alphanumeric identification code, known as a subpoena number. By imposing additional duties on local government agencies, the bill would impose a state-mandated local program.Existing law authorizes service of a subpoena to be made by delivery of the subpoena to the witness personally, or by mail or messenger. Existing law requires service to be effected when the witness acknowledges receipt of the subpoena to the sender and identifies themselves themselves, as specified. Existing law requires the sender to make a written notation of the identifying information obtained. Existing law makes a failure to comply with a subpoena issued and acknowledged pursuant to these provisions punishable as a contempt.This bill would additionally authorize delivery of a subpoena by electronic mail or facsimile transmission. The bill would require, for service to be effected, that the witness identify the subpoena by reference to its unique subpoena number, and would require the sender to make a written notation of the fact that the witness made that identification.By applying the punishment of contempt to the failure to comply with a subpoena issued by electronic mail or facsimile transmission, thereby expanding the scope of a crime, this bill would impose a state-mandated local program.Existing law governs the procedures that apply to the issuance of a telegraphic copy of a subpoena for a witness in a criminal proceeding by telegraph or teletype.This bill would repeal those provisions.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law provides that the process by which the attendance of a witness before a court or magistrate is required in a criminal action is a subpoena, which may be signed and issued by any of specified persons, including courts, district attorneys, and public defenders. A subpoena is required to be substantially in a prescribed form.
This bill would require a subpoena to contain a unique numeric or alphanumeric identification code, known as a subpoena number. By imposing additional duties on local government agencies, the bill would impose a state-mandated local program.
Existing law authorizes service of a subpoena to be made by delivery of the subpoena to the witness personally, or by mail or messenger. Existing law requires service to be effected when the witness acknowledges receipt of the subpoena to the sender and identifies themselves themselves, as specified. Existing law requires the sender to make a written notation of the identifying information obtained. Existing law makes a failure to comply with a subpoena issued and acknowledged pursuant to these provisions punishable as a contempt.
This bill would additionally authorize delivery of a subpoena by electronic mail or facsimile transmission. The bill would require, for service to be effected, that the witness identify the subpoena by reference to its unique subpoena number, and would require the sender to make a written notation of the fact that the witness made that identification.
By applying the punishment of contempt to the failure to comply with a subpoena issued by electronic mail or facsimile transmission, thereby expanding the scope of a crime, this bill would impose a state-mandated local program.
Existing law governs the procedures that apply to the issuance of a telegraphic copy of a subpoena for a witness in a criminal proceeding by telegraph or teletype.
This bill would repeal those provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 1327 of the Penal Code is amended to read:1327.(a)(1)A subpoena authorized by Section 1326 shall be substantially in the following form:The people of the State of California to A. B.:You are commanded to appear before C. D., a judge of the ____ Court of ____ County, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the State of California against E. F.Given under my hand this ____ day of ____, A.D. 20____. G. H., Judge of the ____ Court (or J. K., District Attorney, or J. K., District Attorney Investigator, or D. E., Public Defender, or D. E., Public Defender Investigator, or F. G., Defense Counsel, or By order of the court, L. M., Clerk, or as the case may be).(2)If books, papers, or documents are required, a direction to the following effect shall be contained in the subpoena: And you are required, also, to bring with you the following (describing intelligibly the books, papers, or documents required).(b)Each subpoena issued pursuant to Section 1326 shall contain a unique numeric or alphanumeric identification code, known as a subpoena number.SEC. 2.SECTION 1. Section 1328a of the Penal Code is repealed.SEC. 3.SEC. 2. Section 1328b of the Penal Code is repealed.SEC. 4.SEC. 3. Section 1328c of the Penal Code is repealed.SEC. 5.SEC. 4. Section 1328d of the Penal Code is amended to read:1328d. (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the senders online form, or in person, and identifies themselves by reference to their date of birth and drivers license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.SEC. 6.No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)(1)A subpoena authorized by Section 1326 shall be substantially in the following form:
The people of the State of California to A. B.:
You are commanded to appear before C. D., a judge of the ____ Court of ____ County, at (naming the place), on (stating the day and hour), as a witness in a criminal action prosecuted by the people of the State of California against E. F.
Given under my hand this ____ day of ____, A.D. 20____. G. H., Judge of the ____ Court (or J. K., District Attorney, or J. K., District Attorney Investigator, or D. E., Public Defender, or D. E., Public Defender Investigator, or F. G., Defense Counsel, or By order of the court, L. M., Clerk, or as the case may be).
(2)If books, papers, or documents are required, a direction to the following effect shall be contained in the subpoena: And you are required, also, to bring with you the following (describing intelligibly the books, papers, or documents required).
(b)Each subpoena issued pursuant to Section 1326 shall contain a unique numeric or alphanumeric identification code, known as a subpoena number.
SEC. 2.SECTION 1. Section 1328a of the Penal Code is repealed.
SEC. 2.SECTION 1. Section 1328a of the Penal Code is repealed.
### SEC. 2.SECTION 1.
SEC. 3.SEC. 2. Section 1328b of the Penal Code is repealed.
SEC. 3.SEC. 2. Section 1328b of the Penal Code is repealed.
### SEC. 3.SEC. 2.
SEC. 4.SEC. 3. Section 1328c of the Penal Code is repealed.
SEC. 4.SEC. 3. Section 1328c of the Penal Code is repealed.
### SEC. 4.SEC. 3.
SEC. 5.SEC. 4. Section 1328d of the Penal Code is amended to read:1328d. (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the senders online form, or in person, and identifies themselves by reference to their date of birth and drivers license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.
SEC. 5.SEC. 4. Section 1328d of the Penal Code is amended to read:
### SEC. 5.SEC. 4.
1328d. (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the senders online form, or in person, and identifies themselves by reference to their date of birth and drivers license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.
1328d. (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the senders online form, or in person, and identifies themselves by reference to their date of birth and drivers license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.
1328d. (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the senders online form, or in person, and identifies themselves by reference to their date of birth and drivers license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.
1328d. (a) Notwithstanding Section 1328, a subpoena may be delivered by mail, messenger, electronic mail, or facsimile transmission. Service shall be effected when the witness acknowledges receipt of the subpoena to the sender, by telephone, by mail, over the internet by email or by completion of the senders online form, or in person, and identifies themselves by reference to their date of birth and drivers license number or Department of Motor Vehicles identification card number, and identifies the subpoena by reference to its unique subpoena number, as described in subdivision (b) of Section 1327. number. The sender shall make a written notation of the identifying information obtained during any acknowledgment by telephone or in person, and the fact that the witness identified the subpoena by reference to its unique subpoena number. person. The sender shall retain a copy of any acknowledgment received over the internet until the court date for which the subpoena was issued or until any further date as specified by the court. A subpoena issued and acknowledged pursuant to this section shall have the same force and effect as a subpoena personally served. Failure to comply with a subpoena issued and acknowledged pursuant to this section may be punished as a contempt and the subpoena may so state; provided, that a warrant of arrest or a body attachment may not be issued based upon a failure to appear after being subpoenaed pursuant to this section.
(b) A party requesting a continuance, based upon the failure of a witness to appear in court at the time and place required for their appearance or testimony pursuant to a subpoena, shall prove to the court that the party has complied with this section. That continuance shall only be granted for a period of time that would allow personal service of the subpoena and in no event longer than that allowed by law, including the requirements of Sections 861 and 1382.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 5.