Bill Text: CA AB2487 | 2013-2014 | Regular Session | Amended
Bill Title: Criminal procedure.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2014-08-22 - From committee without further action pursuant to Joint Rule 62(a). [AB2487 Detail]
Download: California-2013-AB2487-Amended.html
BILL NUMBER: AB 2487 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2014
AMENDED IN ASSEMBLY APRIL 10, 2014
INTRODUCED BY Assembly Member Wagner
FEBRUARY 21, 2014
An act to amend Section 869 of the Penal Code, and to
amend Section 40902 of the Vehicle Code, relating to
criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 2487, as amended, Wagner. Criminal procedure.
Existing law requires the testimony of each witness in cases of
homicide to be reduced to writing, as specified. In cases other than
homicide cases, existing law requires the testimony of each witness
be reduced to writing, as specified, at the request of either the
defendant or the prosecution. Existing law authorizes the magistrate
before whom the examination of a witness is had to order that the
testimony and proceedings be taken down in shorthand, and to appoint
a shorthand reporter for that purpose. Existing law requires that
deposition or witness testimony to be authenticated, as specified.
Under existing law, when a defendant is charged with a felony, the
reporter is required to transcribe his or her shorthand notes within
10 days following the close of examination, making originals and
copies available, as specified. If the defendant is charged with a
crime other than a felony, existing law requires the reporter to
transcribe his or her shorthand notes within 10 days following the
close of examination, making originals and copies available, as
specified, at the request of either the defendant or the prosecution.
This bill would instead require the reporter to transcribe his or
her shorthand notes within 10 days following the close of
examination, making originals and copies available, as specified,
when a defendant is charged with homicide. In all other cases, the
bill would require the reporter to transcribe his or her shorthand
notes at the request of the defendant or the prosecution, within 10
days following that request, making originals and copies available,
as specified.
Existing law authorizes a defendant who is charged with a vehicle
infraction to elect to have a trial by written declaration, as
specified. Under existing law, if the defendant is dissatisfied with
the decision of the court in the trial by written declaration, he or
she is entitled to a trial de novo.
This bill would delete the requirement that those defendants be
granted a trial de novo.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 869 of the Penal Code is
amended to read:
869. The testimony of each witness in cases of homicide shall be
reduced to writing, as a deposition, by the magistrate, or under his
or her direction, and in other cases upon the demand of the
prosecuting attorney, or the defendant, or his or her counsel. The
magistrate before whom the examination is had may, in his or her
discretion, order the testimony and proceedings to be taken down in
shorthand in all examinations specified in this section, and for that
purpose he or she may appoint a shorthand reporter. The deposition
or testimony of the witness shall be authenticated in the following
form:
(a) It shall state the name of the witness, his or her place of
residence, and his or her business or profession; except that if the
witness is a peace officer, it shall state his or her name, and the
address given in his or her testimony at the hearing.
(b) It shall contain the questions put to the witness and his or
her answers thereto, each answer being distinctly read to him or her
as it is taken down, and being corrected or added to until it
conforms to what he or she declares is the truth, except in cases
where the testimony is taken down in shorthand, the answer or answers
of the witness need not be read to him or her.
(c) If a question put be objected to on either side and overruled,
or the witness declines answering it, that fact, with the ground on
which the question was overruled or the answer declined, shall be
stated.
(d) The deposition shall be signed by the witness, or if he or she
refuses to sign it, his or her reason for refusing shall be stated
in writing, as he or she gives it, except in cases where the
deposition is taken down in shorthand, it need not be signed by the
witness.
(e) (1) If the defendant is charged with homicide, the reporter
shall transcribe his or her shorthand notes within 10 days following
the close of examination, making an original, one copy, and as many
additional copies thereof as there are defendants (other than
fictitious defendants), regardless of the number of charges or
fictitious defendants included in the same examination, and certify
and deliver the original and all copies to the clerk of the superior
court in the county in which the defendant was examined. Before
receiving any compensation as a reporter, the reporter shall file his
or her affidavit setting forth that the transcript has been
delivered within the time required by this paragraph. The reporter's
compensation for services rendered by him or her as the reporter in
any court of this state shall be reduced by one-half if the reporter
does not comply with provisions of this paragraph as to the time of
filing the transcript.
(2) If the defendant is charged with a crime other than homicide,
and either the defendant or the prosecution requests, the reporter
shall transcribe his or her shorthand notes within 10 days following
the request, making an original, one copy, and as many additional
copies thereof as there are defendants (other than fictitious
defendants), regardless of the number of charges or fictitious
defendants included in the same examination, and certify and deliver
the original and all copies to the clerk of the superior court in the
county in which the defendant was examined. Before receiving any
compensation as a reporter, the reporter shall file his or her
affidavit setting forth that the transcript has been delivered within
the time required by this paragraph. The reporter's compensation for
services rendered by him or her as the reporter in any court of this
state shall be reduced by one-half if the reporter does not comply
with provisions of this paragraph as to the time of filing the
transcript.
(f) In every case in which a transcript is delivered as provided
in this section, the clerk of the court shall file the original of
the transcript with the papers in the case, and shall deliver a copy
of the transcript to the district attorney immediately upon his or
her receipt thereof and shall deliver a copy of said transcript to
each defendant (other than a fictitious defendant) at least five days
before trial or upon earlier demand by him or her without cost to
him or her; provided, that if any defendant be held to answer to two
or more charges upon the same examination and thereafter the district
attorney shall file separate informations upon said several charges,
the delivery to each such defendant of one copy of the transcript of
the examination shall be in compliance with this section as to all
of those informations.
(g) If the transcript is delivered by the reporter within the time
specified in this section, the reporter shall be entitled to receive
the compensation fixed and allowed by law to reporters in the
superior courts of this state.
SEC. 2. SECTION 1. Section 40902 of
the Vehicle Code is amended to read:
40902. (a) (1) The court, pursuant to this section, shall, by
rule, provide that the defendant may elect to have a trial by written
declaration upon any alleged infraction, as charged by the citing
officer, involving a violation of this code or any local ordinance
adopted pursuant to this code, other than an infraction cited
pursuant to Article 2 (commencing with Section 23152) of Chapter 12
of Division 11.
(2) The Judicial Council may adopt rules and forms governing
trials by declaration in accordance with this section. Any rule or
form adopted by the Judicial Council pursuant to this paragraph shall
supersede any local rule of a court adopted pursuant to paragraph
(1).
(b) If the defendant elects to have a trial by written
declaration, the defendant shall, at the time of submitting that
declaration, submit bail in the amount established in the uniform
traffic penalty schedule pursuant to Section 40310. If the defendant
is found not guilty or if the charges are otherwise dismissed, the
amount of the bail shall be promptly refunded to the defendant.
(c) Notwithstanding Division 10 (commencing with Section 1200) of
the Evidence Code, the rules governing trials by written declaration
may provide for testimony and other relevant evidence to be
introduced in the form of a notice to appear issued pursuant to
Section 40500, a business record or receipt, a sworn declaration of
the arresting officer, or a written statement or letter signed by the
defendant.
