BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2657|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
CONSENT
Bill No: AB 2657
Author: Charles Calderon (D)
Amended: 04/10/12 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/19/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 75-0, 5/17/12(Consent) - See last page for
vote
SUBJECT : Electronic court reporting
SOURCE : Author
DIGEST : This bill specifies that transcripts derived
from electronic recordings shall include a designation of
"inaudible" or "unintelligible" for those portions of the
recording that contain no audible sound or are not
discernible.
ANALYSIS : Existing law, in relevant part, provides that
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 the action
or proceeding be electronically recorded, as specified, in
a limited civil case, or a misdemeanor or infraction case.
CONTINUED
AB 2657
Page
2
Existing law also provides that a transcript derived from
an electronic recording may be utilized whenever a
transcript of court proceedings is required. (Government
Code (GOV) Section 69957(a))
Existing law provides that a court may use electronic
recording equipment for the internal personnel purpose of
monitoring the performance of subordinate judicial
officers, as defined, hearing officers, and temporary
judges while proceedings are conducted in the courtroom, if
notice is as specified. Existing law prohibits an
electronic recording made for the purpose of monitoring
that performance from being used for any other purpose and
being made publicly available. Existing law further
requires that any such recording 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.
(GOV Section 69957(b))
This bill amends Section 69957(a) above to specify that
transcripts derived from electronic recordings shall
include a designation of "inaudible" or "unintelligible"
for those portions of the recording that contain no audible
sound or are not discernible.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/3/12)
California Court Reporters Association
California Public Defenders Association
Court Reporters Board of California
Los Angeles County Court Reporters Association
San Diego Superior Court Reporters Association
ARGUMENTS IN SUPPORT : According to the author:
Existing law allows a court, if an official court
reporter or official reporter pro tempore is
unavailable, to use electronic recording equipment
only in a limited civil case, a misdemeanor, or
infraction case, or for the internal purpose of
CONTINUED
AB 2657
Page
3
monitoring the performance of a subordinate judicial
officer, hearing officer or temporary judge. ÝGov.
Code Section 69957.] Existing law Ýalso] allows a
transcript derived from an electronic recording to be
used whenever a transcript of the court proceedings is
required. (Section 69957(a).)
Currently, Ýhowever,] there is no requirement that
transcripts form electronic court recordings include a
designation of "inaudible" or "unintelligible" when
the electronic recording is not discernible. Because
of this, transcripts do not always reflect an accurate
copy of the proceedings. A quality recording helps
ensure access to justice and trust in the judicial
system. . . .
AB 2657 requires that a transcript derived from an
electronic recording of a court proceeding to include
a designation of "inaudible" or "unintelligible" for
those portions of the recording that contain no
audible sound or are not discernible.
In support of the bill, the California Court Reporters
Association writes, "Ýw]hen inaudible noises and/or
unintelligible sounds occur and are not designated within
transcripts from electronic records, the transcripts do not
reflect the true proceedings, potentially harming litigants
by representing incomplete transcripts as true, correct,
and accurate. A quality record is crucial in maintaining
access to justice and ensuring public trust in the
Ýj]udicial Ýs]ystem. In order to ensure the integrity of
the record and to alert consumers as to any ambiguity in
the record that arises from an inaudible or unintelligible
portion of an electronic recording, a designation of
'inaudible' or 'unintelligible' should be required in each
instance where it occurs in transcripts prepared form
electronic records."
ASSEMBLY FLOOR : 75-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
CONTINUED
AB 2657
Page
4
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
Williams, John A. Pérez
NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea,
Skinner, Yamada
RJG:n 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED