BILL NUMBER: AB 2657	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Charles Calderon

                        FEBRUARY 24, 2012

   An act to amend Section 69957 of the Government Code, relating to
court reporting.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2657, as introduced, Charles Calderon. Electronic court
reporting.
   Existing law regulates official court reporters in the superior
courts. Under existing law, a court may use electronic recording
equipment in a limited civil case, a misdemeanor or infraction case,
or for the internal purpose of monitoring judicial officer
performance. If electronic recording equipment is used, a transcript
created with that equipment may be used whenever a transcript of
court proceedings is necessary.
   This bill would require transcripts created with electronic
recording equipment to designate as inaudible or unintelligible any
sections that cannot be transcribed verbatim because those sections
are not clearly recorded.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 69957 of the Government Code is amended to
read:
   69957.  (a) If an official reporter or an official reporter pro
tempore is unavailable to report an action or proceeding in a court,
subject to the availability of approved equipment and equipment
monitors, the court may order that, in a limited civil case, or a
misdemeanor or infraction case, the action or proceeding be
electronically recorded, including all the testimony, the objections
made, the ruling of the court, the exceptions taken, all
arraignments, pleas, and sentences of defendants in criminal cases,
the arguments of the attorneys to the jury, and all statements and
remarks made and oral instructions given by the judge. A transcript
derived from an electronic recording may be utilized whenever a
transcript of court proceedings is required.  Transcripts derived
from electronic recordings shall include a designation of "inaudible"
or "unintelligible" for those sections of the recording that are not
clearly recorded and cannot be transcribed verbatim.  The
electronic recording device and appurtenant equipment shall be of a
type approved by the Judicial Council for courtroom use and shall
only be purchased for use as provided by this section. A court shall
not expend funds for or use electronic recording technology or
equipment to make an unofficial record of an action or proceeding,
including for purposes of judicial notetaking, or to make the
official record of an action or proceeding in circumstances not
authorized by this section.
   (b) Notwithstanding subdivision (a), a court may use electronic
recording equipment for the internal personnel purpose of monitoring
the performance of subordinate judicial officers, as defined in
Section 71601 of the Government Code, hearing officers, and temporary
judges while proceedings are conducted in the courtroom, if notice
is provided to the subordinate judicial officer, hearing officer, or
temporary judge, and to the litigants, that the proceeding may be
recorded for that purpose. An electronic recording made for the
purpose of monitoring that performance shall not be used for any
other purpose and shall not be made publicly available. Any recording
made pursuant to this subdivision shall be destroyed two years after
the date of the proceeding unless a personnel matter is pending
relating to performance of the subordinate judicial officer, hearing
officer, or temporary judge.
   (c) Prior to purchasing or leasing any electronic recording
technology or equipment, a court shall obtain advance approval from
the Judicial Council, which may grant that approval only if the use
of the technology or equipment will be consistent with this section.