Bill Text: CA AB170 | 2009-2010 | Regular Session | Chaptered

California Assembly Bill 170 (Prior Session Legislation)

Bill Title: Court reporters: rough draft transcript.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 87, Statutes of 2009. [AB170 Detail]

Download: California-2009-AB170-Chaptered.html

BILL NUMBER: AB 170	CHAPTERED
	BILL TEXT

	CHAPTER  87
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 22, 2009
	PASSED THE ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Mendoza

                        JANUARY 29, 2009

   An act to amend, repeal, and add Section 273 of the Code of Civil
Procedure, relating to court reporters.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 170, Mendoza. Court reporters: rough draft transcript.
   Existing law provides that the report of the official reporter or
official reporter pro tempore of any court, as specified, when
transcribed and certified as being a correct transcript of the
testimony and proceedings in a case, is prima facie evidence of that
testimony and proceedings. Existing law specifically provides that
the report, when prepared as a rough draft transcript, shall not be
certified and cannot be used, cited, or transcribed as the official
certified transcript of the proceedings. Existing law also provides
that the rough draft transcript may not be cited or used to rebut or
contradict the official certified transcript and that the production
of a rough draft transcript shall not be required.
   This bill would provide, until January 1, 2017, that the instant
visual display of the testimony or proceedings, or both, shall not be
certified and cannot be used, cited, distributed, or transcribed as
the official certified transcript of the proceedings. The bill also
would prohibit the citation or use of the instant visual display of
the testimony or proceedings, or both, to rebut or contradict the
official certified transcript of the proceedings.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 273 of the Code of Civil Procedure is amended
to read:
   273.  (a) The report of the official reporter, or official
reporter pro tempore, of any court, duly appointed and sworn, when
transcribed and certified as being a correct transcript of the
testimony and proceedings in the case, is prima facie evidence of
that testimony and proceedings.
   (b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
   (c) The instant visual display of the testimony or proceedings, or
both, shall not be certified and cannot be used, cited, distributed,
or transcribed as the official certified transcript of the
proceedings. The instant visual display of the testimony or
proceedings, or both, shall not be cited or used in any way or at any
time to rebut or contradict the official certified transcript of the
proceedings as provided by the official reporter or official
reporter pro tempore.
   (d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
  SEC. 2.  Section 273 is added to the Code of Civil Procedure, to
read:
   273.  (a) The report of the official reporter, or official
reporter pro tempore, of any court, duly appointed and sworn, when
transcribed and certified as being a correct transcript of the
testimony and proceedings in the case, is prima facie evidence of
that testimony and proceedings.
   (b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
   (c) This section shall become operative on January 1, 2017.