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

California Assembly Bill 1450 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Court reporters: electronic transcripts.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2017-10-06 - Chaptered by Secretary of State - Chapter 532, Statutes of 2017. [AB1450 Detail]

Download: California-2017-AB1450-Introduced.html

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 introduced, 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.

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Section 271 of the Code of Civil Procedure is repealed.

271.
(a)Any court, party, or other person entitled to a transcript may request that it be delivered in computer-readable form, except that an original transcript shall be on paper. A copy of the original transcript ordered within 120 days of the filing or delivery of the transcript by the official reporter or official reporter pro tempore shall be delivered in computer-readable form upon request if the proceedings were produced utilizing computer-aided transcription equipment.
(b)Except as modified by standards adopted by the Judicial Council, the computer-readable transcript shall be on disks in standard ASCII code, unless otherwise agreed by the reporter and the court, party, or other person requesting the transcript. Each disk shall be labeled with the case name and court number, the dates of proceedings contained on the disk, and the page and volume numbers of the data contained on the disk. Except where modifications are necessary to reflect corrections of a transcript, each disk as produced by the official reporter shall contain the identical volume divisions, pagination, line numbering, and text of the certified original paper transcript or any portion thereof. Each disk shall be sequentially numbered within the series of disks.

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 the court, party, or person entitled to the transcript requests the transcript in paper form.

(b) If the transcript described in paragraph (1) is delivered in electronic form, the transcript shall comply with the California Rules of Court pertaining to the formatting of electronic transcripts.

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

(d) 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.