BILL NUMBER: AB 251	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 6, 2013

   An act to add Section 69959 to, and to repeal Sections 69957 and
69958 of, the Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 251, as introduced, Wagner. Electronic court reporting.
   Existing law authorizes a court to use electronic recording
equipment in a limited civil case, a misdemeanor or infraction case,
or for the internal purpose of monitoring judicial officer
performance. Existing law requires a court to obtain advance approval
from the Judicial Council prior to purchasing equipment. Existing
law also requires each superior court to report semiannually to the
Judicial Council, and the Judicial Council to report semiannually to
the Legislature, regarding all purchases and leases of electronic
recording equipment that will be used to record superior court
proceedings.
   This bill would instead require the Judicial Council, by July 1,
2014, to implement electronic court reporting in 20% of all superior
court courtrooms, and to implement electronic reporting in at least
an additional 20% of all superior court courtrooms annually
thereafter. This bill would also require the Judicial Council to
report to the Governor and the Legislature on the efforts undertaken
to implement electronic court reporting, as provided, by January 1,
2016. The provisions of the bill would not apply to felony cases.
   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  Section 69957 of the Government Code is repealed.

   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 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, 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) 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.

  SEC. 2.  Section 69958 of the Government Code is repealed. 

   69958.  Each superior court shall report to the Judicial Council
on or before October 1, 2004, and semiannually thereafter, and the
Judicial Council shall report to the Legislature on or before
December 31, 2004, and semiannually thereafter, regarding all
purchases and leases of electronic recording equipment that will be
used to record superior court proceedings, specifying all of the
following:
   (a) The Superior Court in which the equipment will be used.
   (b) The types of trial court proceedings in which the equipment
will be used.
   (c) The cost of purchasing, leasing, or upgrading the equipment.
   (d) The type of equipment purchased or leased. 
  SEC. 3.  Section 69959 is added to the Government Code, to read:
   69959.  (a) Notwithstanding any other law, the Judicial Council
shall, by July 1, 2014, implement electronic court reporting in 20
percent of all superior court courtrooms not currently utilizing
electronic recording. The Judicial Council shall, annually
thereafter, phase in electronic recording in at least an additional
20 percent of the total number of superior court courtrooms. The
Judicial Council may implement electronic recording in more
courtrooms if it will result in additional savings.
   (b) The Judicial Council, shall, by January 1, 2016, report to the
Governor and the Legislature on the efforts undertaken to implement
electronic court reporting, including, but not limited to, all of the
following:
   (1) The costs incurred to implement electronic recording.
   (2) The superior courts and case types affected by the first year
of implementation.
   (3) The savings achieved in the 2014-15 and 2015-16 fiscal years
through the implementation of electronic recording.
   (4) Future implementation plans and the superior courts or case
types to be phased in during future fiscal years.
   (c) References to "court reporters" and "reporter's transcript"
throughout existing law, may include, where appropriate, electronic
court recordings for those courts that have partially or fully
implemented electronic recording.
   (d) This section does not apply to felony cases.
   (e) (1) The requirement for submitting a report imposed under
subdivision (b) is inoperative on January 1, 2020, pursuant to
Section 10231.5.
   (2) A report submitted pursuant to subdivision (b) shall be
submitted in compliance with Section 9795.