Bill Text: CA AB2318 | 2021-2022 | Regular Session | Introduced

California Assembly Bill 2318 (Prior Session Legislation)

Introduced

Bill Title: Judicial proceedings for the hearing impaired.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-17 - From printer. May be heard in committee March 19. [AB2318 Detail]

Download: California-2021-AB2318-Introduced.html

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2318

Introduced by Assembly Member Low

February 16, 2022

An act to amend Section 54.8 of the Civil Code, relating to courts.

LEGISLATIVE COUNSEL'S DIGEST

AB 2318, as introduced, Low. Judicial proceedings for the hearing impaired.

Existing law requires that a participant in any civil or criminal proceeding, court-ordered or court-provided alternative dispute resolution, or administrative hearing of a public agency, who is hearing impaired, be provided with a functioning assistive listening system or a computer-aided transcription system, upon that individual’s request.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 54.8 of the Civil Code is amended to read:

54.8.

(a) ~~In any~~ For a civil or criminal proceeding, including, but not limited to, traffic, small claims court, family court proceedings and services, and juvenile court proceedings, ~~in any~~ for a court-ordered or court-provided alternative dispute resolution, including mediation and arbitration, or ~~in any~~ for an administrative hearing of a public agency, ~~where~~ in which a party, witness, attorney, judicial employee, judge, juror, or other participant ~~who~~ is deaf or hard of hearing, the individual who is deaf or hard of hearing, upon ~~his or her~~ that individual’s request, shall be provided with a functioning assistive listening system or a computer-aided transcription system. Any individual requiring this equipment shall give advance notice of ~~his or her~~ their need to the appropriate court or agency at the time the hearing is set or not later than five days before the hearing.

(b) Assistive listening systems include, but are not limited to, special devices ~~which~~ that transmit amplified speech by means of audio-induction loops, radio frequency systems (AM or FM), or infrared transmission. Personal receivers, headphones, and neck loops shall be available upon request by individuals who are deaf or hard of hearing.

(c) If a computer-aided transcription system is requested, sufficient display terminals shall be provided to allow the individual who is deaf or hard of hearing to read the real-time transcript of the proceeding without difficulty.

(d) A sign shall be posted in a prominent place indicating the availability of, and how to request, an assistive listening system and a computer-aided transcription system. Notice of the availability of the systems shall be posted with notice of trials.

(e) Each superior court shall have at least one portable assistive listening system for use in any court facility within the county. When not in use, the system shall be stored in a location determined by the court.

(f) The Judicial Council shall develop and approve official forms for notice of the availability of assistive listening systems and computer-aided transcription systems for individuals who are deaf or hard of hearing. The Judicial Council shall also develop and maintain a system to record utilization by the courts of these assistive listening systems and computer-aided transcription systems.

(g) If the individual who is deaf or hard of hearing is a juror, the jury deliberation room shall be equipped with an assistive listening system or a computer-aided transcription system upon the request of the juror.

(h) A court reporter may be present in the jury deliberating room during a jury deliberation if the services of a court reporter for the purpose of operating a computer-aided transcription system are required for a juror who is deaf or hard of hearing.

(i) In any of the proceedings referred to in subdivision (a), or in any administrative hearing of a public agency, in which the individual who is deaf or hard of hearing is a party, witness, attorney, judicial employee, judge, juror, or other participant, and has requested use of an assistive listening system or computer-aided transcription system, the proceedings shall not commence until the system is in place and functioning.

(j) As used in this section, “individual who is deaf or hard of hearing” means an individual with a hearing loss, who, with sufficient amplification or a computer-aided transcription system, is able to fully participate in the proceeding.

(k) In no case shall this section be construed to prescribe a lesser standard of accessibility or usability than that provided by Title II of the Americans with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted pursuant to that act.