BILL NUMBER: AB 2487	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 21, 2014

   An act to amend Section 869 of the Penal Code, relating to witness
testimony.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2487, as introduced, Wagner. Witness testimony: copies of
transcripts.
   Existing law requires the testimony of each witness in cases of
homicide to be reduced to writing, as specified. In cases other than
homicide cases, existing law requires the testimony of each witness
be reduced to writing, as specified, at the request of either the
defendant or the prosecution. Existing law authorizes the magistrate
before whom the examination of a witness is had to order that the
testimony and proceedings be taken down in shorthand, and to appoint
a shorthand reporter for that purpose. Existing law requires that
deposition or witness testimony to be authenticated, as specified.
   Under existing law, when a defendant is charged with a felony, the
reporter is required to transcribe his or her shorthand notes within
10 days following the close of examination, making originals and
copies available, as specified. If the defendant is charged with a
crime other than a felony, existing law requires the reporter to
transcribe his or her shorthand notes within 10 days following the
close of examination, making originals and copies available, as
specified, at the request of either the defendant or the prosecution.

   This bill would instead require the reporter to transcribe his or
her shorthand notes within 10 days following the close of
examination, making originals and copies available, as specified,
when a defendant is charged with homicide. In all other cases, the
bill would require the reporter to transcribe his or her shorthand
notes at the request of the defendant or the prosecution, within 10
days following that request, making originals and copies available,
as specified.
   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 869 of the Penal Code is amended to read:
   869.  The testimony of each witness in cases of homicide shall be
reduced to writing, as a deposition, by the magistrate, or under his
or her direction, and in other cases upon the demand of the
prosecuting attorney, or the defendant, or his or her counsel. The
magistrate before whom the examination is had may, in his or her
discretion, order the testimony and proceedings to be taken down in
shorthand in all examinations  herein mentioned 
 specified in this section  , and for that purpose he or she
may appoint a shorthand reporter. The deposition or testimony of the
witness shall be authenticated in the following form:
   (a) It shall state the name of the witness, his or her place of
residence, and his or her business or profession; except that if the
witness is a peace officer, it shall state his or her name, and the
address given in his or her testimony at the hearing.
   (b) It shall contain the questions put to the witness and his or
her answers thereto, each answer being distinctly read to him or her
as it is taken down, and being corrected or added to until it
conforms to what he or she declares is the truth, except in cases
where the testimony is taken down in shorthand, the answer or answers
of the witness need not be read to him or her.
   (c) If a question put be objected to on either side and overruled,
or the witness declines answering it, that fact, with the ground on
which the question was overruled or the answer declined, shall be
stated.
   (d) The deposition shall be signed by the witness, or if he or she
refuses to sign it, his or her reason for refusing shall be stated
in writing, as he or she gives it, except in cases where the
deposition is taken down in shorthand, it need not be signed by the
witness. 
   (e) The reporter shall, within 10 days after the close of the
examination, if the defendant be held to answer the charge of a
felony, or in any other case if either the defendant or the
prosecution orders the transcript, transcribe his or her shorthand
notes, making an original and one copy and as many additional copies
thereof as there are defendants (other than fictitious defendants),
regardless of the number of charges or fictitious defendants included
in the same examination, and certify and deliver the original and
all copies to the clerk of the superior court in the county in which
the defendant was examined. The reporter shall, before receiving any
compensation as a reporter, file his or her affidavit setting forth
that the transcript has been delivered within the time herein
provided for. The compensation of the reporter for any services
rendered by him or her as the reporter in any court of this state
shall be reduced one-half if the provisions of this section as to the
time of filing said transcript have not been complied with by him or
her.  
   (e) (1) If the defendant is charged with homicide, the reporter
shall transcribe his or her shorthand notes within 10 days following
the close of examination, making an original, one copy, and as many
additional copies thereof as there are defendants (other than
fictitious defendants), regardless of the number of charges or
fictitious defendants included in the same examination, and certify
and deliver the original and all copies to the clerk of the superior
court in the county in which the defendant was examined. Before
receiving any compensation as a reporter, the reporter shall file his
or her affidavit setting forth that the transcript has been
delivered within the time required by this paragraph. The reporter's
compensation for services rendered by him or her as the reporter in
any court of this state shall be reduced by one-half if the reporter
does not comply with provisions of this paragraph as to the time of
filing the transcript.  
   (2) If the defendant is charged with a crime other than homicide,
and either the defendant or the prosecution requests, the reporter
shall transcribe his or her shorthand notes within 10 days following
the request, making an original, one copy, and as many additional
copies thereof as there are defendants (other than fictitious
defendants), regardless of the number of charges or fictitious
defendants included in the same examination, and certify and deliver
the original and all copies to the clerk of the superior court in the
county in which the defendant was examined. Before receiving any
compensation as a reporter, the reporter shall file his or her
affidavit setting forth that the transcript has been delivered within
the time required by this paragraph. The reporter's compensation for
services rendered by him or her as the reporter in any court of this
state shall be reduced by one-half if the reporter does not comply
with provisions of this paragraph as to the time of filing the
transcript. 
   (f) In every case in which a transcript is delivered as provided
in this section, the clerk of the court shall file the original of
the transcript with the papers in the case, and shall deliver a copy
of the transcript to the district attorney immediately upon his or
her receipt thereof and shall deliver a copy of said transcript to
each defendant (other than a fictitious defendant) at least five days
before trial or upon earlier demand by him or her without cost to
him or her; provided, that if any defendant be held to answer to two
or more charges upon the same examination and thereafter the district
attorney shall file separate informations upon said several charges,
the delivery to each such defendant of one copy of the transcript of
the examination shall be a compliance with this section as to all of
those informations.
   (g) If the transcript is delivered by the reporter within the time
hereinbefore provided for, the reporter shall be entitled to receive
the compensation fixed and allowed by law to reporters in the
superior courts of this state.