Bill Text: CA AB1834 | 2015-2016 | Regular Session | Introduced
Bill Title: Electronic court reporting.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [AB1834 Detail]
Download: California-2015-AB1834-Introduced.html
BILL NUMBER: AB 1834 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Wagner
FEBRUARY 9, 2016
An act to amend Section 69957 of the Government Code, relating to
courts.
LEGISLATIVE COUNSEL'S DIGEST
AB 1834, as introduced, Wagner. Electronic court reporting.
Existing law authorizes a superior court to appoint official
reporters and official reporters pro tempore as are deemed necessary
for the performance of the duties of the court and its members.
Existing law also authorizes a court to use electronic recording
equipment to record an action or proceeding in a limited civil case,
or a misdemeanor or infraction case, if an official reporter or an
official reporter pro tempore is unavailable.
This bill would additionally allow a court to use electronic
recording equipment in a family law case if an official reporter or
an official reporter pro tempore is unavailable.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 69957 of the Government Code is amended to
read:
69957. (a) If an official reporter or an official reporter pro
tempore is unavailable to report an action or proceeding in a court,
subject to the availability of approved equipment and equipment
monitors, the court may order that, in a limited civil case, a
family law case, or a misdemeanor or infraction case, the
action or proceeding be electronically recorded, including all the
testimony, the objections made, the ruling of the court, the
exceptions taken, all arraignments, pleas, and sentences of
defendants in criminal cases, the arguments of the attorneys to the
jury, and all statements and remarks made and oral instructions given
by the judge. A transcript derived from an electronic recording may
be utilized whenever a transcript of court proceedings is required.
Transcripts derived from electronic recordings shall include a
designation of "inaudible" or "unintelligible" for those portions of
the recording that contain no audible sound or are not discernible.
The electronic recording device and appurtenant equipment shall be of
a type approved by the Judicial Council for courtroom use and shall
only be purchased for use as provided by this section. A court shall
not expend funds for or use electronic recording technology or
equipment to make an unofficial record of an action or proceeding,
including for purposes of judicial notetaking, or to make the
official record of an action or proceeding in circumstances not
authorized by this section.
(b) Notwithstanding subdivision (a), a court may use electronic
recording equipment for the internal personnel purpose of monitoring
the performance of subordinate judicial officers, as defined in
Section 71601 of the Government Code, 71601,
hearing officers, and temporary judges while proceedings are
conducted in the courtroom, if notice is provided to the subordinate
judicial officer, hearing officer, or temporary judge, and to the
litigants, that the proceeding may be recorded for that purpose. An
electronic recording made for the purpose of monitoring that
performance shall not be used for any other purpose and shall not be
made publicly available. Any A
recording made pursuant to this subdivision shall be destroyed two
years after the date of the proceeding unless a personnel matter is
pending relating to performance of the subordinate judicial officer,
hearing officer, or temporary judge.
(c) Prior to purchasing or leasing any electronic recording
technology or equipment, a court shall obtain advance approval from
the Judicial Council, which may grant that approval only if the use
of the technology or equipment will be consistent with this section.
