Bill Text: CA SB705 | 2013-2014 | Regular Session | Amended


Bill Title: Community colleges: appropriation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB705 Detail]

Download: California-2013-SB705-Amended.html
BILL NUMBER: SB 705	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 15, 2013

INTRODUCED BY   Senator Block
    (   Principal coauthor:   Assembly Member
  Bonilla   ) 

                        FEBRUARY 22, 2013

   An act  to amend Section 69957 of the Government Code,
  relating to  courts   community
colleges, and making an appropriation therefor  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 705, as amended, Block.  Electronic court reporting.
  Community colleges: appropriation. 
   Existing law  regulates official court reporters in the
superior courts. Under existing law, a court may use electronic
recording equipment in a limited civil case, or a misdemeanor or
infraction case, or for the internal personnel purpose of monitoring
judicial officer performance, as specified. If electronic recording
equipment is used, a transcript created with that equipment may be
used whenever a transcript of court proceedings is necessary.
Existing law prohibits a court from expending funds for, or using,
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 provision
  establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in the state. Existing law authorizes the California
Community Colleges to conduct numerous p   rograms  .
   This bill would  provide that a court may use existing
electronic recording equipment for the purpose of judicial notetaking
  appropriate $50,000,000 from an unidentified source
to the Board of Governors of the California Community Colleges for
allocation as scheduled to Disabled Students Programs and Services
and Extended Opportunity Programs and Services. To the extent that
the funds appropriated by this bill are allocated to community
college districts for these purposes, these funds may be applied
toward the minimum funding requirements imposed by Section 8 of
Article XVI of the California Constitution  .
   Vote: majority. Appropriation:  no   yes
 . Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    (a) The sum of fifty million dollars
($50,000,000) is hereby appropriated to the Board of Governors of the
California Community Colleges from ___________________, to be
allocated in accordance with the following schedule:  
   (1) Twenty-five million dollars ($25,000,000) for Disabled
Students Programs and Services.  
   (2) Twenty-five million dollars ($25,000,000) for Extended
Opportunity Programs and Services.  
   (b) It is the intent of the Legislature that the allocations
provided in subdivision (a) shall be paid for with savings realized
from extending the period for paying down community college
deferrals.  
  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, or a
misdemeanor or infraction case, the action or proceeding be
electronically recorded, including all of 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 be purchased only 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, 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 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) Notwithstanding subdivision (a), a court may use existing
electronic recording equipment for the purpose of judicial
notetaking.
   (d) 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.

      
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