BILL ANALYSIS SB 1371 Page 1 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 Page 2 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. SB 1371 Page 3 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