BILL NUMBER: AB 788	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 24, 2013
	AMENDED IN ASSEMBLY  APRIL 23, 2013
	AMENDED IN ASSEMBLY  APRIL 10, 2013

INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 21, 2013

   An act to amend Section 69954 of, and to add Section 69954.5 to,
the Government Code, relating to court transcripts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 788, as amended, Wagner. Court transcripts.
   Existing law authorizes a superior court to appoint official
reporters and prescribes the fees for their services. Existing law
requires that transcripts prepared by a reporter using computer
assistance and delivered on a medium other than paper be compensated
at the same rate set for paper transcripts, except as specified.
Existing law establishes certain fees for second copies of
transcripts, as specified, including transcripts in computer-readable
format.
   Existing law authorizes a court, party, or person who has
purchased a transcript to reproduce a copy or portion thereof as an
exhibit, pursuant to court order or rule, or for internal use,
without paying a further fee to the reporter, but prohibits otherwise
providing or selling a copy or copies to any other party or person.
   This bill would limit the reproduction provisions described above
to computer-readable transcripts.
    This bill would additionally authorize, in the case of
transcripts that are not computer-readable, the purchaser of a
transcript to reproduce the transcript for internal use or in
response to a request for discovery, a court order,  rule,
  or subpoena, or as permitted by rule of court or 
statute,  or subpoena  without paying a further fee
to the reporter, but would prohibit otherwise providing or selling a
copy or copies to any other party or person.
   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 69954 of the Government Code is amended to
read:
   69954.  (a) Transcripts prepared by a reporter using computer
assistance and delivered on a medium other than paper shall be
compensated at the same rate set for paper transcripts, except the
reporter may also charge an additional fee not to exceed the cost of
the medium or any copies thereof.
   (b) The fee for a second copy of a transcript on appeal in
computer-readable format ordered by or on behalf of a requesting
party within 120 days of the filing or delivery of the original
transcript shall be compensated at one-third the rate set forth for a
second copy of a transcript as provided in Section 69950. A reporter
may also charge an additional fee not to exceed the cost of the
medium or any copies thereof.
   (c) The fee for a computer-readable transcript shall be paid by
the requesting court, party, or person, unless the computer-readable
transcript is requested by a party in lieu of a paper transcript
required to be delivered to that party by the rules of court. In that
event, the fee shall be chargeable as statute or rule provides for
the paper transcript.
   (d) Any court, party, or person who has purchased a
computer-readable transcript may, without paying a further fee to the
reporter, reproduce a copy or portion thereof as an exhibit pursuant
to court order or rule, or for internal use, but shall not otherwise
provide or sell a copy or copies to any other party or person.
  SEC. 2.  Section 69954.5 is added to the Government Code, to read:
   69954.5.  Except as provided in subdivision (d) of Section 69954,
any court, party, or person who has purchased a transcript may,
without paying a further fee to the reporter, reproduce one or more
copies or portions of the transcript for internal use or in response
to a request for discovery, court order,  rule, 
 or subpoena, or as permitted by rule of court or  statute,
 or subpoena,  but shall not otherwise provide or
sell a copy or copies to any other party or person.