Amended in Assembly April 16, 2015

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 begin delete amend Section 269 of the Code of Civil Procedure, end delete begin insert add Sections 3013 and 6230 to the Family Code, end insert 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 begin delete extend this requirement to domestic violence cases and child custody proceedings, as specified. end delete begin insert require an official reporter or official reporter pro tempore to take down in shorthand all testimony and all of the statements and remarks of the judge and all persons appearing at any hearing at which testimony is received in child custody proceedings and proceedings under the Domestic Violence Prevention Act. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. 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 3013 is added to the end insert begin insert Family Code end insert begin insert , to
read: end insert

begin insert

begin insert 3013. end insert   

At any hearing in a proceeding under this division at
which testimony is received, an official reporter or official reporter
pro tempore shall take down in shorthand all testimony and all of
the statements and remarks of the judge and all persons appearing
at the hearing.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 6230 is added to the end insert begin insert Family Code end insert begin insert , end insert immediately
following Section 6229 begin insert , to read: end insert

begin insert

begin insert 6230. end insert   

At any hearing in a proceeding under this division at
which testimony is received, an official reporter or official reporter
pro tempore shall take down in shorthand all testimony and all of
the statements and remarks of the judge and all persons appearing
at the hearing.

end insert

begin delete

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.

end delete