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
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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