BILL NUMBER: SB 1371 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Morrow
FEBRUARY 7, 2002
An act to amend Section 269 of, to add Section 271 to, and to
repeal Section 274c of, the Code of Civil Procedure, to amend Section
69950 of, and to repeal Section 72197 of, the Government Code, and
to amend Sections 190.9 and 1539 of the Penal Code, relating to court
reporting.
LEGISLATIVE COUNSEL'S DIGEST
SB 1371, as introduced, Morrow. Court reporting.
Existing law requires an official court reporter to provide a
transcript in plain and legible longhand to the court or either party
of the transcript of a judicial proceeding originally taken in
shorthand.
This bill also would require that transcript to be provided in
longhand to a nonparty if he or she is entitled to receive the
transcript whether or not the nonparty was entitled to attend the
proceeding.
The bill would make other technical nonsubstantive changes to the
state statutes which govern the production of transcripts by court
reporters, including reorganizing and consolidating various code
sections which make reference to the obsolete municipal courts.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 269 of the Code of Civil Procedure is amended
to read:
269. (a) The official reporter of a superior court, or
any of them, where there are two or more, shall, at the request of
either party, or of the court in a civil case other than a limited
civil case, and on the order of the court, the district attorney, or
the attorney for the defendant in a felony case, An
official reporter or official reporter pro tempore of the superior
court shall take down in shorthand all testimony, objections
made, rulings of the court, exceptions taken, all
arraignments, pleas, and sentences of
defendants in felony cases , arguments of the
prosecuting attorney attorneys to the jury, and
all statements and remarks made and oral
instructions given by the judge . If directed
or other judicial officer, in the following cases:
(1) In a civil case, on the order of the court or at the request
of a party.
(2) In a felony case, on the order of the court or at the request
of the prosecution, the defendant, or the attorney for the defendant.
(3) In a misdemeanor or infraction case, on the order of the
court.
(b) If a transcript is ordered by the court ,
or requested by either a
party, or if a nonparty requests a transcript that the nonparty
is entitled to receive, regardless of whether the nonparty was
permitted to attend the proceeding to be transcribed, the
official reporter or official reporter pro tempore shall,
within such a reasonable time after the
trial of the case as that the court
may designate designates , write the
transcripts out, or the specific portions thereof as may be
requested, in plain and legible longhand, or by typewriter, or other
printing machine, and certify that the transcripts were correctly
reported and transcribed, and when directed by the court, file the
transcripts with the clerk of the court.
(b) In any case where
(c) If a defendant is convicted of a felony, after a trial
on the merits, the record on appeal shall be prepared immediately
after the verdict or finding of guilt is announced unless the court
determines that it is likely that no appeal from the decision will be
made. The court's determination of a likelihood of appeal shall be
based upon standards and rules adopted by the Judicial Council.
(c) Any court, party, or person may request delivery of any
transcript in a computer-readable form, except that an original
transcript shall be on paper. A copy of the original transcript
ordered within 120 days of the filing or delivery of the transcript
by the official reporter shall be delivered in computer-readable form
upon request if the proceedings were produced utilizing
computer-aided transcription equipment. Except as modified by
standards adopted by the Judicial Council, the computer-readable
transcript shall be on disks in standard ASCII code unless otherwise
agreed by the reporter and the court, party, or person requesting the
transcript. Each disk shall be labeled with the case name and court
number, the dates of proceedings contained on the disk, and the page
and volume numbers of the data contained on the disk. Each disk as
produced by the court reporter shall contain the identical volume
divisions, pagination, line numbering, and text of the certified
original paper transcript or any portion thereof. Each disk shall be
sequentially numbered within the series of disks.
SEC. 2. Section 271 is added to the Code of Civil Procedure, to
read:
271. (a) Any court, party, or other person entitled to a
transcript may request that it be delivered in computer-readable
form, except that an original transcript shall be on paper. A copy
of the original transcript ordered within 120 days of the filing or
delivery of the transcript by the official reporter or official
reporter pro tempore shall be delivered in computer-readable form
upon request if the proceedings were produced utilizing
computer-aided transcription equipment.
(b) Except as modified by standards adopted by the Judicial
Council, the computer-readable transcript shall be on disks in
standard ASCII code, unless otherwise agreed by the reporter and the
court, party, or other person requesting the transcript. Each disk
shall be labeled with the case name and court number, the dates of
proceedings contained on the disk, and the page and volume numbers of
the data contained on the disk. Except where modifications are
necessary to reflect corrections of a transcript, each disk as
produced by the official reporter shall contain the identical volume
divisions, pagination, line numbering, and text of the certified
original paper transcript or any portion thereof. Each disk shall be
sequentially numbered within the series of disks.
SEC. 3. Section 274c of the Code of Civil Procedure is repealed.
274c. Official reporters shall, at the request of either party or
of the court in a limited civil case, or on the order of the court
in a misdemeanor or infraction case, take down in shorthand all the
testimony, the objections made, the rulings of the court, the
exceptions taken, all arraignments, pleas and sentences of defendants
in criminal cases, the arguments of the prosecuting attorney to the
jury, and all statements and remarks made and oral instructions given
by the judge; and if directed by the court, or requested by either
party, must, within such reasonable time after the trial of the case
as the court may designate, write out the same, or such specific
portions thereof as may be requested, in plain and legible longhand,
or by typewriter, or other printing machine, and certify to the same
as being correctly reported and transcribed, and when directed by the
court, file the same with the clerk of the court.
SEC. 4. Section 69950 of the Government Code is amended to read:
69950. (a) The fee for transcription for original
ribbon or printed copy is eighty-five cents ($0.85) for
each 100 words, and for each copy for the party buying the
original made purchased at the same time by
the court, party, or other person purchasing the original ,
fifteen cents ($0.15) for each 100 words.
(b) The fee for a first copy to any court, party, or
other person who does not simultaneously purchase the
original shall be twenty cents ($0.20) for each 100 words, and
for each additional copy, made purchased
at the same time, fifteen cents ($0.15) for each 100 words.
SEC. 5. Section 72197 of the Government Code is repealed.
72197. Whenever such request has been granted and any official
reporter of the superior court has been assigned to act as a pro
tempore phonographic reporter of the municipal court, such reporter
shall, during the period of such assignment to the municipal court,
perform the duties of an official reporter of such municipal court
and during the time of any such assignment such reporter shall be
subject to the provisions of Sections 69942 to 69955, inclusive, and
Sections 273 and 274c of the Code of Civil Procedure.
SEC. 6. Section 190.9 of the Penal Code is amended to read:
190.9. (a) (1) In any case in which a death sentence may be
imposed, all proceedings conducted in the municipal and
superior courts court ,
including all conferences and proceedings, whether in open court, in
conference in the courtroom, or in chambers, shall be conducted on
the record with a court reporter present. The court reporter shall
prepare and certify a daily transcript of all proceedings commencing
with the preliminary hearing. Proceedings prior to the preliminary
hearing shall be reported but need not be transcribed until the
municipal or superior court receives notice as
prescribed in paragraph (2) of subdivision (a) .
(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the superior court shall
notify the court in which the preliminary hearing took place. Upon
this notification, the court in which the preliminary hearing took
place clerk shall order the transcription and
preparation of the record of all proceedings prior to and including
the preliminary hearing in the manner prescribed by the Judicial
Council in the rules of court. The record of all proceedings prior
to and including the preliminary hearing shall be certified by the
court no later than 120 days following notification by the
superior court unless the superior court grants an
extension of time is extended pursuant to rules
of court adopted by the Judicial Council. Upon certification, the
court in which the preliminary hearing took place shall
forward the record to the superior court for incorporation
record of all proceedings is incorporated into the
superior court record.
(b) (1) The court shall assign a court reporter who uses
computer-aided transcription equipment to report all proceedings
under this section.
(2) Failure to comply with the requirements of this section
relating to the assignment of court reporters who use computer-aided
transcription equipment shall is not
be a ground for reversal.
(c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of
subdivision (c) of Section 269 Section 271
of the Code of Civil Procedure.
SEC. 7. Section 1539 of the Penal Code is amended to read:
1539. (a) If a special hearing be is
held in the superior court a felony
case pursuant to Section 1538.5, or if the grounds on which the
warrant was issued be are controverted
and a motion to return property be is
made (i) by a defendant on grounds not covered by Section 1538.5
; , (ii) by a defendant whose property
has not been offered or will not be offered as evidence against
him; the defendant, or (iii) by a person
who is not a defendant in a criminal action at the time the hearing
is held, the judge or magistrate must shall
proceed to take testimony in relation thereto, and the
testimony of each witness must shall be
reduced to writing and authenticated by a shorthand reporter in the
manner prescribed in Section 869.
(b) The reporter shall forthwith transcribe his
the reporter's shorthand notes pursuant to this section
if any party to a special hearing in the superior court
a felony case files a written request for its
preparation with the clerk of the court in which the hearing was
held. The reporter shall forthwith file in the superior court an
original and as many copies thereof as there are defendants (other
than a fictitious defendant) or persons aggrieved. The reporter
shall be is entitled to compensation in
accordance with the provisions of Section 869. In every case in
which a transcript is filed as provided in this section, the
county clerk of the court shall deliver the
original of such the transcript so
filed with him to the district attorney
immediately upon receipt thereof and shall deliver a copy of
such the transcript to each defendant (other
than a fictitious defendant) upon demand by him
without cost to him the defendant .
(c) Upon a motion by a defendant pursuant to this chapter, the
defendant shall be is entitled to
discover any previous application for a search warrant in the case
which was refused by a magistrate for lack of probable cause.
SEC. 8. Nothing is this act is intended to change the extent to
which official reporter services or electronic reporting may be used
in the courts.