BILL NUMBER: SB 1371 CHAPTERED
BILL TEXT
CHAPTER 71
FILED WITH SECRETARY OF STATE JUNE 21, 2002
APPROVED BY GOVERNOR JUNE 20, 2002
PASSED THE ASSEMBLY JUNE 10, 2002
PASSED THE SENATE APRIL 4, 2002
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, 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.
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) 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,
arraignments, pleas, sentences, arguments of the attorneys to the
jury, and statements and remarks made and oral instructions given by
the judge 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 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 a reasonable time after
the trial of the case that the court 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.
(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.
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.
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 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,
purchased at the same time, fifteen cents ($0.15) for each 100 words.
SEC. 5. Section 72197 of the Government Code is repealed.
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 superior 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 court
receives notice as prescribed in paragraph (2).
(2) Upon receiving notification from the prosecution that the
death penalty is being sought, the 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
unless the time is extended pursuant to rules of court adopted by the
Judicial Council. Upon certification, the 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 is not a ground for reversal.
(c) Any computer-readable transcript produced by court reporters
pursuant to this section shall conform to the requirements of 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 is held in a felony case pursuant
to Section 1538.5, or if the grounds on which the warrant was issued
are controverted and a motion to return property 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 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 shall proceed to take testimony in relation
thereto, and the testimony of each witness shall be reduced to
writing and authenticated by a shorthand reporter in the manner
prescribed in Section 869.
(b) The reporter shall forthwith transcribe the reporter's
shorthand notes pursuant to this section if any party to a special
hearing in 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 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 clerk of the court shall deliver the original of the
transcript so filed to the district attorney immediately upon receipt
thereof and shall deliver a copy of the transcript to each defendant
(other than a fictitious defendant) upon demand without cost to the
defendant.
(c) Upon a motion by a defendant pursuant to this chapter, the
defendant 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.