SB 705, as introduced, Block. 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, or a misdemeanor or infraction case, or for the internal personnel purpose of monitoring judicial officer performance, as specified. If electronic recording equipment is used, a transcript created with that equipment may be used whenever a transcript of court proceedings is necessary. Existing law prohibits a court from expending funds for, or using, 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 provision.
This bill would provide that a court may use existing electronic recording equipment for the purpose of judicial notetaking.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 69957 of the Government Code is
2amended to read:
(a) If an official reporter or an official reporter pro
4tempore is unavailable to report an action or proceeding in a court,
P2 1subject to the availability of approved equipment and equipment
2monitors, the court may order that, in a limited civil case, or a
3misdemeanor or infraction case, the action or proceeding be
4electronically recorded, including allbegin insert ofend insert the testimony, the
5objections made, the ruling of the court, the exceptions taken, all
6arraignments, pleas, and sentences of defendants in criminal cases,
7the arguments of the attorneys to the jury, and all statements and
8remarks made and oral instructions given by the judge. A transcript
9derived from an electronic recording may be utilized whenever a
10transcript of court
proceedings is required. Transcripts derived
11from electronic recordings shall include a designation of
12“inaudible” or “unintelligible” for those portions of the recording
13that contain no audible sound or are not discernible. The electronic
14recording device and appurtenant equipment shall be of a type
15approved by the Judicial Council for courtroom use and shallbegin delete onlyend delete
16 be purchasedbegin insert onlyend insert for use as provided by this section. A court shall
17not expend funds forbegin insert,end insert or usebegin insert,end insert electronic recording technology or
18equipment to make an unofficial record of an action or proceeding,
19including for purposes of judicial notetaking,
or to make the official
20record of an action or proceeding in circumstances not authorized
21by this section.
22(b) Notwithstanding subdivision (a), a court may use electronic
23recording equipment for the internal personnel purpose of
24monitoring the performance of subordinate judicial officers, as
25defined in Section 71601 of the Government Code, hearing officers,
26and temporary judges while proceedings are conducted in the
27courtroom, if notice is provided to the subordinate judicial officer,
28hearing officer, or temporary judge, and to the litigants, that the
29proceeding may be recorded for that purpose. An electronic
30recording made for the purpose of monitoring that performance
31shall not be used for any other purpose and shall not be made
32publicly available. Any recording made pursuant to this subdivision
33shall be destroyed two years after the date of the proceeding unless
34a personnel matter is pending relating to performance of the
35subordinate
judicial officer, hearing officer, or temporary judge.
36(c) Notwithstanding subdivision (a), a court may use existing
37electronic recording equipment for the purpose of judicial
38notetaking.
39(c)
end delete
P3 1begin insert(d)end insert Prior to purchasing or leasing any electronic recording
2technology or equipment, a court shall obtain advance approval
3from the Judicial Council, which may grant that approval only if
4the use of the technology or equipment will be consistent with this
5section.
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