Senate Bill No. 779

Introduced by Senator Anderson

February 22, 2013

An act to amend Section 190.8 of the Penal Code, relating to capital punishment.

LEGISLATIVE COUNSEL’S DIGEST

SB 779, as introduced, Anderson. Capital punishment: appeals.

Existing law requires the record on appeal in any case in which a death sentence has been imposed to be expeditiously certified in 2 stages, first for completeness and 2nd for accuracy. Existing law requires the clerk of the superior court to provide trial counsel copies of the clerk’s transcript within 30 days of the imposition of the death sentence. Existing law requires trial counsel to alert the court’s attention to any errors in the transcripts incidentally discovered by counsel while reviewing them in the normal course of trial preparation. Existing law requires the trial court to certify the record for completeness and for incorporation of all corrections no later than 90 days after entry of the imposition of the death sentence unless good cause is shown, except that existing law provides this time period may be extended if the trial transcript exceeds 10,000 pages.

This bill would make technical, nonsubstantive changes to these provisions.

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 190.8 of the Penal Code is amended to
read:

190.8.  

(a) In any case in which a death sentence has been
imposed, the record on appeal shall be expeditiously certified in
two stages, the first for completeness and the second for accuracy,
as provided by this section. The trial court may use all reasonable
means to ensure compliance with all applicable statutes and rules
of court pertaining to record certification in capital appeals,
including, but not limited to, the imposition of sanctions.

(b) Within 30 days of the imposition of the death sentence, the
clerk of the superior court shall provide to trial counsel copies of
the clerk’s transcript and shall deliver the transcript as provided
by the court reporter. Trial counsel shall promptly notify the court
if he or she has not received the transcript within 30 days.

(c)  begin insert (1) end insert begin insert   end insert During the course of a trial in which the death penalty
is being sought, trial counsel shall alert the court’s attention to any
errors in the transcripts incidentally discovered by counsel while
reviewing them in the ordinary course of trial preparation. The
court shall periodically request that trial counsel provide a list of
errors in the trial transcript during the course of trial and may hold
hearings in connection therewith.

begin delete Corrections end delete begin insert (2) end insert begin insert   end insert begin insert Corrections end insert to the record shall not be required
to include immaterial typographical errors that cannot conceivably
cause confusion.

(d) The trial court shall certify the record for completeness and
for incorporation of all corrections, as provided by subdivision
(c), no later than 90 days after entry of the imposition of the death
sentence unless good cause is shown. However, this time period
may be extended for proceedings in which the trial transcript
exceeds 10,000 pages in accordance with the timetable set forth
in, or for good cause pursuant to the procedures set forth in, the
rules of court adopted by the Judicial Council.

(e) Following the imposition of the death sentence and prior to
the deadline set forth in subdivision (d), the trial court shall hold
one or more hearings for trial counsel to address the completeness
of the record and any outstanding errors that have come to their
attention and to certify that they have reviewed all docket sheets
to ensure that the record contains transcripts for any proceedings,
hearings, or discussions that are required to be reported and that
have occurred in the course of the case in any court, as well as all
documents required by this code and the rules adopted by the
Judicial Council.

(f) The clerk of the trial court shall deliver a copy of the record
on appeal to appellate counsel when the clerk receives notice of
counsel’s appointment or retention, or when the record is certified
for completeness begin delete under end delete begin insert pursuant to end insert subdivision (d), whichever is
later.

(g) The trial court shall certify the record for accuracy no later
than 120 days after the record has been delivered to appellate
counsel. However, this time may be extended pursuant to the
timetable and procedures set forth in the rules of court adopted by
the Judicial Council. The trial court may hold one or more status
conferences for purposes of timely certification of the record for
accuracy, as set forth in the rules of court adopted by the Judicial
Council.

(h) The Supreme Court shall identify in writing to the Judicial
Council any case that has not met the time limit for certification
of the record for completeness begin delete under end delete begin insert pursuant to end insert subdivision (d)
or for accuracy begin delete under end delete begin insert pursuant to end insert subdivision (g), and shall identify
those cases, and its reasons, for which it has granted an extension
of time. The Judicial Council shall include this information in its
annual report to the Legislature.

(i) As used in this section, “trial counsel” means both the
prosecution and the defense counsel in the trial in which the
sentence of death has been imposed.

(j) This section shall be implemented pursuant to rules of court
adopted by the Judicial Council.

(k) This section shall only apply to those proceedings in which
a sentence of death has been imposed following a trial that was
commenced on or after January 1, 1997.