BILL NUMBER: AB 251	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 2, 2013
	AMENDED IN ASSEMBLY  MARCH 6, 2013

INTRODUCED BY   Assembly Member Wagner
    (   Coauthors:   Assembly Members 
 Harkey,   Maienschein,   and Wilk   )


                        FEBRUARY 6, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 251, as amended, Wagner. Electronic court reporting.
   Existing law authorizes a 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 court to use electronic recording
equipment to record an action or proceeding in a limited civil case,
or a misdemeanor or infraction case, if an official reporter or an
official reporter pro tempore is unavailable.
   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.
   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, a family
law 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 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, 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  
A  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.