BILL ANALYSIS
SB 1371
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Date of Hearing: June 4, 2002
ASSEMBLY COMMITTEE ON JUDICIARY
Ellen M. Corbett, Chair
SB 1371 (Morrow) - As Introduced: February 7, 2002
PROPOSED CONSENT
SENATE VOTE : 38-0
SUBJECT : CIVIL PROCEDURE: COURT REPORTING
KEY ISSUE : SHOULD THE CODE OF CIVIL PROCEDURE BE AMENDED WITH
RESPECT TO COURT REPORTER ISSUES AS THE RESULT OF TRIAL COURT
UNIFICATION?
SYNOPSIS
This non-controversial bill, sponsored by the California Law
Revision Commission, would update the Code of Civil Procedure
with respect to court reporters as the result of trial court
unification.
SUMMARY : Updates the Code of Civil Procedure regarding court
reporters. Specifically, this bill :
1)Consolidates two court reporter statutes as the result of
trial court unification so as to make the remaining statute
applicable to both limited and unlimited civil cases, felony,
misdemeanor and infraction cases.
2)Clarifies that court reporters are to produce a transcript
upon the request of a nonparty if the nonparty is entitled to
receive the transcript, regardless of whether or not the
nonparty was entitled to attend the proceeding.
3)Makes other technical, nonsubstantive changes.
EXISTING LAW :
1)Requires that in unlimited civil case and felony cases a
shorthand reporter must be used upon order of the court or at
the request of the district attorney or the attorney for the
defendant in a felony case. (Code of Civil Procedure section
269(a).)
SB 1371
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2)Similarly, requires that in a limited civil case or a
misdemeanor or infraction case a shorthand reporter must be
used upon order of the court. (Code of Civil Procedure
section 274c.)
3)Requires an official court reporter to provide to the court or
either party a transcript of a judicial proceeding originally
transcribed in shorthand.
FISCAL EFFECT : As currently in print, this bill is keyed
non-fiscal.
COMMENTS : This bill would consolidate two duplicative court
reporting statutes, clarify that a transcript in longhand is to
be provided to a nonparty if he or she is entitled to receive
the transcript, whether or not he or she was entitled to attend
the proceeding, and make other technical nonsubstantive changes
to the court reporting statutes as the result of trial court
unification.
According to the California Law Revision Commission, the Code of
Civil Procedure currently contains two duplicative statutes
relating to the use of court reporters. The statutes are
essentially the same, except that in addition to the court
itself, the district attorney or the defendant's attorney may
request the use of a court reporter in felony cases. This bill
would simply expand Code of Civil Procedure Section 269(a) to
include both unlimited and limited civil cases and would recast
its provisions to accommodate the use of court reporters in both
felony and misdemeanor cases. Section 274c would then be
repealed.
The technical changes made by the bill to the Code of Civil
Procedure regarding court reporters are as follows:
1)Adds references to official reporters "pro tempore," as well
as official reporters, consistently with other code
provisions.
2)Requires the court reporter to record arguments made by "the
attorneys," rather than only those made by "the prosecuting
attorney," making the statute consistent with other statutes
and with existing practice.
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3)Changes "district attorney" references to "prosecuting
attorney" because in some cases the Attorney General, not the
district attorney, is the prosecutor.
4)Clarifies that the right to a court reporter attaches to the
proceeding irrespective of the type of presiding judicial
officer in order to accommodate hearings conducted by
commissioners;
5)Clarifies that a pro se defendant may also make the request
for a court reporter, rather than only the attorney for the
defendant.
6)Transfers references to computer-readable transcripts to a
separate code provision, and clarifies that availability of a
computer-readable version of a transcript depends on whether
the requester is entitled to a hard copy version.
7)Makes other technical, nonsubstantive changes to Penal Code
and Government Code provisions relating to transcription
technology and fees, and transcription of motions to suppress
in felony and misdemeanor cases in light of trial court
unification.
REGISTERED SUPPORT / OPPOSITION :
Support
California Law Revision Commission (sponsor)
Opposition
None on file
Analysis Prepared by : Kevin G. Baker / JUD. / (916) 319-2334