Bill Text: CA AB1450 | 2017-2018 | Regular Session | Amended


Bill Title: Court reporters: electronic transcripts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-04-20 - Read second time and amended. [AB1450 Detail]

Download: California-2017-AB1450-Amended.html

Amended  IN  Assembly  April 20, 2017
Amended  IN  Assembly  April 06, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1450


Introduced by Assembly Member Obernolte

February 17, 2017


An act to repeal and add Section 271 of the Code of Civil Procedure, relating to court reporters.


LEGISLATIVE COUNSEL'S DIGEST


AB 1450, as amended, Obernolte. Court reporters: electronic transcripts.
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. Existing law authorizes a court, party, or other person entitled to a transcript to request that it be delivered in computer-readable form, except as specified.

This bill would instead require that all transcripts be delivered in electronic format to any court, party, or person entitled to the transcript, as specified, unless the transcript is requested to be delivered in paper form, the court lacks the technical ability to accept an electronic transcript and has received advance approval from the Judicial Council to only accept a transcript in paper form, or, until January 1, 2020, an official reporter or official reporter pro tempore has not acquired the technology to submit a transcript in electronic form and has provided advance notice of this fact. The bill would provide that a court or other entity is not allowed to require an official reporter or official reporter pro tempore to use a specific vendor or software.

This bill would instead require an official reporter or official reporter pro tempore to deliver a transcript in electronic form, in compliance with the California Rules of Court, to any court, party, or person entitled to the transcript, as specified, unless, among other things, the party or person requests the transcript in paper form.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 271 of the Code of Civil Procedure is repealed.
SEC. 2.Section 271 is added to the Code of Civil Procedure, to read:
271.

(a)An official reporter or official reporter pro tempore shall deliver a transcript in electronic form to any court, party, or person entitled to the transcript, unless any of the following apply:

(1)The party or person entitled to the transcript requests the reporter’s transcript in paper form.

(2)The court lacks the technical ability to accept an electronic transcript and has received advance approval from the Judicial Council to only accept the reporter’s transcript in paper form.

(3)Until January 1, 2020, an official reporter or official reporter pro tempore has not acquired the technology to submit a transcript in electronic form and the official reporter or official reporter pro tempore has provided advance notice of this fact to the court.

(b)Except as specified in subdivision (c), a transcript delivered in electronic format shall comply with the California Rules of Court pertaining to the formatting of electronic transcripts.

(c)(1)Until January 1, 2020, the requirements of the California Rules of Court specifically relating to the electronic filing of transcripts shall apply only if the official reporter or official reporter pro tempore has the ability to comply with the requirements. Commencing January 1, 2020, an official reporter or official reporter pro tempore shall comply with the applicable California Rules of Court.

(2)Until January 1, 2020, an official reporter or official reporter pro tempore using a format that is not compliant with the requirements contained within the California Rules of Court specifically relating to the electronic filing of transcripts may electronically file transcripts upon approval by, or agreement with, the court.

(d)Nothing in this section changes any requirement set forth in Sections 69950 and 69954 of the Government Code, regardless of whether a transcript is delivered in electronic or paper form.

(e)An electronic transcript delivered in accordance with subdivisions (a) and (b) shall be deemed to be an original transcript for purposes of any obligation of an attorney to maintain or deliver a file for a client.

(f)Nothing in this section shall be construed to require an official reporter or official reporter pro tempore to use a specific vendor or software to comply with this section, or to allow a court or other entity to require an official reporter or official reporter pro tempore to use a specific vendor or software. An official reporter or official reporter pro tempore may select the appropriate technology to comply with this section.

SEC. 2.

 Section 271 is added to the Code of Civil Procedure, to read:

271.
 (a) An official reporter or official reporter pro tempore shall deliver a transcript in electronic form, in compliance with the California Rules of Court, to any court, party, or person entitled to the transcript, unless any of the following apply:
(1) The party or person entitled to the transcript requests the reporter’s transcript in paper form.
(2) If, prior to January 1, 2020, the court lacks the technical ability to use or store a transcript in electronic form pursuant to this section, the transcript may instead be delivered, upon request, in full text-searchable portable document format (PDF) or other searchable format approved by the court if the proceedings were produced utilizing computer-aided transcription equipment.
(3) If, prior to January 1, 2020, the official reporter or official reporter pro tempore lacks the technical ability to deliver a transcript in electronic form pursuant to this section and provides advance notice of this fact to the court, party, or person entitled to the transcript, the transcript may instead be delivered, upon request, in full text-searchable portable document format (PDF) or other searchable format approved by the court if the proceedings were produced utilizing computer-aided transcription equipment.
(b) Nothing in this section changes any requirement set forth in Section 69950 or 69954 of the Government Code, regardless of whether a transcript is delivered in electronic or paper form.
(c) An electronic transcript delivered in accordance with this section shall be deemed to be an original transcript for all purposes, including any obligation of an attorney to maintain or deliver a file to a client.
(d) An electronic transcript shall comply with any format requirement imposed pursuant to subdivision (a). However, an official reporter or official reporter pro tempore shall not be required to use a specific vendor or software to comply with this section, unless the official reporter or official reporter pro tempore agrees with the court, party, or person entitled to the transcript to use a specific vendor or software. Absent that agreement, an official reporter or official reporter pro tempore may select the technology to comply with this section and the California Rules of Court.