BILL NUMBER: SB 705	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Block

                        FEBRUARY 22, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   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 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, or a
misdemeanor or infraction case, the action or proceeding be
electronically recorded, including all  of  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  only  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 of the Government Code, 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) Notwithstanding subdivision (a), a court may use existing
electronic recording equipment for the purpose of judicial
notetaking.  
   (c) 
    (d)  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.