BILL NUMBER: AB 749	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 25, 2015

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 749, as amended, Bloom. Superior courts:  court 
reporters. 
   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.  
   This bill would extend this requirement to domestic violence cases
and child custody proceedings, as specified.  
   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.
 
   This bill would make technical, nonsubstantive changes to these
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 269 of the   Code of
Civil Procedure   is amended to read: 
   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. 
   (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.
 
   (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. 
   (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. 
  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.