California Assembly Bill AB749 Amended / Bill

 BILL NUMBER: AB 749AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Bloom FEBRUARY 25, 2015 An act to amend Section  69953 of the Government Code,   269 of the Code of Civil Procedure,  relating to courts. LEGISLATIVE COUNSEL'S DIGEST AB 749, as amended, Bloom. Superior courts:  court  reporters.  Existing law requires an official reporter or official reporter pro tempore of the superior court to take down in shorthand specified information regarding the testimony and proceedings before the court in civil cases, felony cases, and misdemeanor or infraction cases on order of the court, and in only civil cases or felony cases, at the request of a party or counsel.   This bill would extend this requirement to domestic violence cases and child custody proceedings, as specified.   Under existing law, when a verbatim record of a superior court proceeding is not made at public expense, the cost of making that record is required to be paid by the parties in equal proportion, except that either party may, at his or her option, pay the whole.   This bill would make technical, nonsubstantive changes to these provisions.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 269 of the   Code of Civil Procedure   is amended to read:  269. (a) An official reporter or official reporter pro tempore of the superior court shall take down in shorthand all testimony, objections made, rulings of the court, exceptions taken, arraignments, pleas, sentences, arguments of the attorneys to the jury, and statements and remarks made and oral instructions given by the judge or other judicial officer, in the following cases: (1) In a civil case, on the order of the court or at the request of a party. (2) In a felony case, on the order of the court or at the request of the prosecution, the defendant, or the attorney for the defendant. (3) In a misdemeanor or infraction case, on the order of the court.  (4) In a domestic violence case, on the order of the court or at the request of the prosecution, the defendant, or the attorney for the defendant. For purposes of this section, "domestic violence" has the same meaning as set forth in Section 6211 of the Family Code.   (5) In a child custody proceeding, on the order of the court or at the request of a party or the party's attorney. For purposes of this section, "child custody proceeding" has the same meaning as set forth in Section 3402 of the Family Code.  (b) If a transcript is ordered by the court or requested by a party, or if a nonparty requests a transcript that the nonparty is entitled to receive, regardless of whether the nonparty was permitted to attend the proceeding to be transcribed, the official reporter or official reporter pro tempore shall, within a reasonable time after the trial of the case that the court designates, write the transcripts out, or the specific portions thereof as may be requested, in plain and legible longhand, or by typewriter, or other printing machine, and certify that the transcripts were correctly reported and transcribed, and when directed by the court, file the transcripts with the clerk of the court. (c) If a defendant is convicted of a felony, after a trial on the merits, the record on appeal shall be prepared immediately after the verdict or finding of guilt is announced unless the court determines that it is likely that no appeal from the decision will be made. The court's determination of a likelihood of appeal shall be based upon standards and rules adopted by the Judicial Council.  SECTION 1.   Section 69953 of the Government Code is amended to read: 69953. When a verbatim record is not made at public expense pursuant to Section 69952 or other law, the cost of making a verbatim record shall be paid by the parties in equal proportion. Either party, at his or her option, may pay the whole. In either case, all amounts so paid by the party to whom costs are awarded shall be taxed as costs in the case. The fees for transcripts and copies ordered by the parties shall be paid by the party ordering them. Except as provided in Section 69952, a reporter shall not perform any service in a civil action other than transcriptions until his or her fee for it has been deposited with the clerk of the court or with the reporter.