BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 170|
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THIRD READING
Bill No: AB 170
Author: Mendoza (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/9/09
AYES: Corbett, Harman, Florez, Leno, Walters
ASSEMBLY FLOOR : 77-0, 3/23/09 - See last page for vote
SUBJECT : Court reporters: rough draft transcript
SOURCE : California Court Reporters Association
DIGEST : This bill provides that, until January 1, 2017,
a court reporter's instant visual display of testimony or
proceedings (also known as "realtime reporting"), or both,
may not be certified and cannot be used, cited,
distributed, or transcribed as the official transcript of
the proceedings. This bill prohibits the citation or use
of an instant visual display of testimony or proceedings,
or both, to rebut or contradict the official certified
transcript of the proceedings. This bill also provides
that a rough draft transcript may not be distributed as the
official certified transcript of the proceedings.
ANALYSIS : Existing law provides that the report of the
official reporter, or the official reporter pro tempore, of
any court, duly appointed and sworn, when transcribed and
certified as being a correct transcript of the testimony
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AB 170
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and proceedings in the case, is prima facie evidence of
that testimony and proceedings. (Code Civ. Proc. Sec.
273(a).)
Existing law provides that a rough draft transcript shall
not be certified and cannot be used, cited, or transcribed
as the official certified transcript of the proceedings,
and shall not be cited or used in any way or at any time to
rebut or contradict the official certified transcript.
(Code Civ. Proc. Sec. 273(b).)
This bill adds that a rough draft transcript cannot be
distributed as the official certified transcript of the
proceedings.
This bill provides that the instant visual display of the
testimony or proceedings shall not be certified and cannot
be used, cited, distributed, or transcribed as the official
certified transcript of the proceedings. This bill would
additionally state that the instant visual display of the
testimony or proceedings shall not be cited or used in any
way or at any time to rebut or contradict the official
certified transcript of the proceedings.
This bill would remain in effect until January 1, 2017.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/10/09)
California Court Reporters Association (source)
Judicial Council of California
ARGUMENTS IN SUPPORT : According to the author's office:
Court reporters have noticed an increase by attorneys
referring to instant visual display transcripts as
evidence. Because these transcripts are generated in
real-time, they are not always accurate, which is why
corrections are made and the official transcript is
certified. Real-time is a service that many court
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reporters provide the bench and the parties. But, the
final result of their [court reporters'] work is the
official record, which needs to trump a real-time
rough draft.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, De La Torre, De Leon,
DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,
Garrick, Gilmore, Hagman, Hall, Harkey, Hayashi,
Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Krekorian, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza,
Miller, Monning, Nava, Nestande, Niello, Nielsen, John A.
Perez, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Yamada, Bass
NO VOTE RECORDED: Davis, Price, Villines
RJG:nl 6/10/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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