Bill Text: CA AB365 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Electricity: distributed generation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-07-01 - Withdrawn from committee. Re-referred to Com. on RLS. [AB365 Detail]

Download: California-2013-AB365-Amended.html

---

BILL NUMBER: AB 365	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2013

INTRODUCED BY   Assembly Member Mullin

                        FEBRUARY 14, 2013

   An act to amend  Sections   Section  273
 of,  and  2025.510 of   to add
Section 275 to,  the Code of Civil Procedure,  and to
amend Section 69957 of the Government Code,  relating to
court reporting.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 365, as amended, Mullin. Court reporting.
   Existing law provides that the report of the official court
reporter or official court reporter pro tempore, of any court, duly
appointed and sworn, when transcribed and certified as being a
correct transcript of the testimony and proceedings in the case, is
prima facie evidence of that testimony and proceeding. 
   This bill would require that the report be transcribed and
certified by a certified shorthand reporter, as defined, in order to
qualify as prima facie evidence of that testimony and proceeding.
 
   The bill would make clarifying changes to those provisions. 

   Existing law requires that, unless the parties agree otherwise,
the testimony at any deposition recorded by stenographic means shall
be transcribed. If testimony at the deposition is recorded both
stenographically, and by audio or video technology, the stenographic
transcript is the official record of that testimony for the purpose
of the trial and any subsequent hearing or appeal. 
   This bill would clarify that the testimony recorded
stenographically at the deposition is recorded by a certified
shorthand reporter, as defined.  
   Existing law authorizes a court to order the use of electronic
recording of an action or proceeding where an official reporter or an
official reporter pro tempore is unavailable to report an action or
proceeding in a court in a limited civil case, a misdemeanor case, or
an infraction case, as prescribed. A transcript derived from an
electronic recording is authorized to be utilized whenever a
transcript of court proceedings is required.  
   This bill would require that the electronic recording be
transcribed by a certified shorthand reporter, as defined, in order
to be utilized whenever a transcript of court proceedings is
required. 
   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 273 of the Code of Civil Procedure, as amended
by Section 1 of Chapter 87 of the Statutes of 2009, is amended to
read:
   273.  (a) The   Notwithstanding any other
provision of law, the  report of the official reporter, or
official reporter pro tempore, of any court, duly appointed and
sworn, when transcribed and certified  by a certified
shorthand reporter,  as being a correct transcript of the
testimony and proceedings in the case, is prima facie evidence of
that testimony and proceedings.
   (b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required.
   (c) The instant visual display of the testimony or proceedings, or
both, shall not be certified and cannot be used, cited, distributed,
or transcribed as the official certified transcript of the
proceedings. The instant visual display of the testimony or
proceedings, or both, shall not be cited or used in any way or at any
time to rebut or contradict the official certified transcript of the
proceedings as provided by the official reporter or official
reporter pro tempore. 
   (d) For purposes of this section, "certified shorthand reporter"
has the same meaning as Section 8018 of the Business and Professions
Code.  
   (e) 
    (d)  This section shall remain in effect only until
January 1, 2017, and as of that date is repealed, unless a later
enacted statute, that is enacted before January 1, 2017, deletes or
extends that date.
  SEC. 2.  Section 273 of the Code of Civil Procedure, as added by
Section 2 of Chapter 87 of the Statutes of 2009, is amended to read:
   273.  (a)  The   Notwithstanding any other
provision of law, the  report of the official reporter, or
official reporter pro tempore, of any court, duly appointed and
sworn, when transcribed and certified  by a certified
shorthand reporter,  as being a correct transcript of the
testimony and proceedings in the case, is prima facie evidence of
that testimony and proceedings.
   (b) The report of the official reporter, or official reporter pro
tempore, of any court, duly appointed and sworn, when prepared as a
rough draft transcript, shall not be certified and cannot be used,
cited, distributed, or transcribed as the official certified
transcript of the proceedings. A rough draft transcript shall not be
cited or used in any way or at any time to rebut or contradict the
official certified transcript of the proceedings as provided by the
official reporter or official reporter pro tempore. The production of
a rough draft transcript shall not be required. 
   (c) For purposes of this section, "certified shorthand reporter"
has the same meaning as Section 8018 of the Business and Professions
Code.  
   (d) 
    (c)  This section shall become operative on January 1,
2017.
   SEC. 3.    Section 275 is added to the  
Code of Civil Procedure   , to read:  
   275.  For the purposes of this chapter, an official reporter or an
official reporter pro tempore shall be appointed as provided by
Section 69942 of the Government Code.  
  SEC. 3.    Section 2025.510 of the Code of Civil
Procedure is amended to read:
   2025.510.  (a) Unless the parties agree otherwise, the testimony
at any deposition recorded by stenographic means shall be
transcribed.
   (b)  The party noticing the deposition shall bear the cost of that
transcription, unless the court, on motion and for good cause shown,
orders that the cost be borne or shared by another party.
   (c) Notwithstanding subdivision (b) of Section 2025.320, any other
party or the deponent, at the expense of that party or deponent, may
obtain a copy of the transcript.
   (d) If the deposition officer receives a request from a party for
an original or a copy of the deposition transcript, or any portion
thereof, and the full or partial transcript will be available to that
party prior to the time the original or copy would be available to
any other party, the deposition officer shall immediately notify all
other parties attending the deposition of the request, and shall,
upon request by any party other than the party making the original
request, make that copy of the full or partial deposition transcript
available to all parties at the same time.
   (e) Stenographic notes of depositions shall be retained by the
reporter for a period of not less than eight years from the date of
the deposition, where no transcript is produced, and not less than
one year from the date on which the transcript is produced. Those
notes may be either on paper or electronic media, as long as it
allows for satisfactory production of a transcript at any time during
the periods specified.
   (f) At the request of any other party to the action, including a
party who did not attend the taking of the deposition testimony, any
party who records or causes the recording of that testimony by means
of audio or video technology shall promptly do both of the following:

   (1) Permit that other party to hear the audio recording or to view
the video recording.
   (2) Furnish a copy of the audio or video recording to that other
party on receipt of payment of the reasonable cost of making that
copy of the recording.
   (g) If the testimony at the deposition is recorded both
stenographically by a certified shorthand reporter, and by audio or
video technology, the stenographic transcript is the official record
of that testimony for the purpose of the trial and any subsequent
hearing or appeal.
   (h) (1) The requesting attorney or party appearing in propria
persona shall timely pay the deposition officer or the entity
providing the services of the deposition officer for the
transcription or copy of the transcription described in subdivision
(b) or (c), and any other deposition products or services that are
requested either orally or in writing.
   (2) This subdivision shall apply unless responsibility for the
payment is otherwise provided by law or unless the deposition officer
or entity is notified in writing at the time the services or
products are requested that the party or another identified person
will be responsible for payment.
   (3) This subdivision does not prohibit or supersede an agreement
between an attorney and a party allocating responsibility for the
payment of deposition costs to the party.
   (4) The requesting attorney or party appearing in propria persona,
upon the written request of a deposition officer who has obtained a
final judgment for payment of services provided pursuant to this
subdivision, shall provide to the deposition officer an address that
can be used to effectuate service for the purpose of Section 708.110
in the manner specified in Section 415.10.
   (i) For purposes of this section, "deposition product or service"
means any product or service provided in connection with a deposition
that qualifies as shorthand reporting, as described in Section 8017
of the Business and Professions Code, and any product or service
derived from that shorthand reporting.
   (j) For purposes of this section, "certified shorthand reporter"
has the same meaning as Section 8018 of the Business and Professions
Code.  
  SEC. 4.    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 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 transcribed by a certified
shorthand reporter 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.
   (d) For purposes of this section, "certified shorthand reporter"
has the same meaning as Section 8018 of the Business and Professions
Code.