Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 749

Introduced by Assembly Member Bloom

February 25, 2015

An act to amend Section begin delete 69953 of the Government Code, end delete begin insert 269 of the Code of Civil Procedure, end insert relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 749, as amended, Bloom. Superior courts: begin insert court end insert reporters.

begin insert

Existing law requires an official reporter or official reporter pro tempore of the superior court to take down in shorthand specified information regarding the testimony and proceedings before the court in civil cases, felony cases, and misdemeanor or infraction cases on order of the court, and in only civil cases or felony cases, at the request of a party or counsel.

end insert begin insert

This bill would extend this requirement to domestic violence cases and child custody proceedings, as specified.

end insert begin delete

Under existing law, when a verbatim record of a superior court proceeding is not made at public expense, the cost of making that record is required to be paid by the parties in equal proportion, except that either party may, at his or her option, pay the whole.

end delete begin delete

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

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 269 of the end insert begin insert Code of Civil Procedure end insert begin insert is
amended to read: end insert

269.  

(a) An official reporter or official reporter pro tempore
of the superior court shall take down in shorthand all testimony,
objections made, rulings of the court, exceptions taken,
arraignments, pleas, sentences, arguments of the attorneys to the
jury, and statements and remarks made and oral instructions given
by the judge or other judicial officer, in the following cases:

(1) In a civil case, on the order of the court or at the request of
a party.

(2) In a felony case, on the order of the court or at the request
of the prosecution, the defendant, or the attorney for the defendant.

(3) In a misdemeanor or infraction case, on the order of the
court.

begin insert

(4) In a domestic violence case, on the order of the court or at
the request of the prosecution, the defendant, or the attorney for
the defendant. For purposes of this section, “domestic violence”
has the same meaning as set forth in Section 6211 of the Family
Code.

end insert begin insert

(5) In a child custody proceeding, on the order of the court or
at the request of a party or the party’s attorney. For purposes of
this section, “child custody proceeding” has the same meaning as
set forth in Section 3402 of the Family Code.

end insert

(b) If a transcript is ordered by the court or requested by a party,
or if a nonparty requests a transcript that the nonparty is entitled
to receive, regardless of whether the nonparty was permitted to
attend the proceeding to be transcribed, the official reporter or
official reporter pro tempore shall, within a reasonable time after
the trial of the case that the court designates, write the transcripts
out, or the specific portions thereof as may be requested, in plain
and legible longhand, or by typewriter, or other printing machine,
and certify that the transcripts were correctly reported and
transcribed, and when directed by the court, file the transcripts
with the clerk of the court.

(c) If a defendant is convicted of a felony, after a trial on the
merits, the record on appeal shall be prepared immediately after
the verdict or finding of guilt is announced unless the court
determines that it is likely that no appeal from the decision will
be made. The court’s determination of a likelihood of appeal shall
be based upon standards and rules adopted by the Judicial Council.

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SECTION 1.  

Section 69953 of the Government Code is
amended to read:

69953.  

When a verbatim record is not made at public expense
pursuant to Section 69952 or other law, the cost of making a
verbatim record shall be paid by the parties in equal proportion.
Either party, at his or her option, may pay the whole. In either case,
all amounts so paid by the party to whom costs are awarded shall
be taxed as costs in the case. The fees for transcripts and copies
ordered by the parties shall be paid by the party ordering them.
Except as provided in Section 69952, a reporter shall not perform
any service in a civil action other than transcriptions until his or
her fee for it has been deposited with the clerk of the court or with
the reporter.

end delete