Amended in Assembly March 6, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 251

Introduced by Assembly Member Wagner

February 6, 2013

An act to begin delete add Section 69959 to, and to repeal Sections 69957 and 69958 of, end delete begin insert amend Section 69957 of end insert the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 251, as amended, Wagner. Electronic court reporting.

Existing law authorizes a begin insert superior court to appoint official reporters and official reporters pro tempore as are deemed necessary for the performance of the duties of the court and its members. Existing law also authorizes a end insert court to use electronic recording equipment begin insert to record an action or proceeding end insert in a limited civil case, begin insert or end insert a misdemeanor or infraction case, begin delete or for the internal purpose of monitoring judicial officer performance. Existing law requires a court to obtain advance approval from the Judicial Council prior to purchasing equipment. Existing law also requires each superior court to report semiannually to the Judicial Council, and the Judicial Council to report semiannually to the Legislature, regarding all purchases and leases of electronic recording equipment that will be used to record superior court proceedings end delete begin insert if an official reporter or an official reporter pro tempore is unavailable end insert .

begin insert

This bill would additionally allow a court to use electronic recording equipment in a family law case if an official reporter or an official reporter pro tempore is unavailable.

end insert begin delete

This bill would instead require the Judicial Council, by July 1, 2014, to implement electronic court reporting in 20% of all superior court courtrooms, and to implement electronic reporting in at least an additional 20% of all superior court courtrooms annually thereafter. This bill would also require the Judicial Council to report to the Governor and the Legislature on the efforts undertaken to implement electronic court reporting, as provided, by January 1, 2016. The provisions of the bill would not apply to felony cases.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 69957 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

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, begin insert a family
law case, end insert 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 portions of the recording
that contain no audible sound or are not discernible. 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 begin delete of the Government Code end delete , 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.

begin delete

SECTION 1.  

Section 69957 of the Government Code is
repealed.

SEC. 2.  

Section 69958 of the Government Code is repealed.

SEC. 3.  

Section 69959 is added to the Government Code, to
read:

69959.  

(a) Notwithstanding any other law, the Judicial Council
shall, by July 1, 2014, implement electronic court reporting in 20
percent of all superior court courtrooms not currently utilizing
electronic recording. The Judicial Council shall, annually thereafter,
phase in electronic recording in at least an additional 20 percent
of the total number of superior court courtrooms. The Judicial
Council may implement electronic recording in more courtrooms
if it will result in additional savings.

(b) The Judicial Council, shall, by January 1, 2016, report to
the Governor and the Legislature on the efforts undertaken to
implement electronic court reporting, including, but not limited
to, all of the following:

(1) The costs incurred to implement electronic recording.

(2) The superior courts and case types affected by the first year
of implementation.

(3) The savings achieved in the 2014-15 and 2015-16 fiscal
years through the implementation of electronic recording.

(4) Future implementation plans and the superior courts or case
types to be phased in during future fiscal years.

(c) References to “court reporters” and “reporter’s transcript”
throughout existing law, may include, where appropriate, electronic
court recordings for those courts that have partially or fully
implemented electronic recording.

(d) This section does not apply to felony cases.

(e) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2020, pursuant to
Section 10231.5.

(2) A report submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795.

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