CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 709Introduced by Assembly Member McKinnorFebruary 13, 2023 An act to amend Section 69954 of the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 709, as introduced, McKinnor. Transcripts: criminal proceedings: exculpatory evidence.Existing law generally establishes the fees a court reporter may charge for the transcription of court proceedings and the printed original and copies of the transcription. Existing law permits any court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, as specified, without paying an additional fee. Existing law requires the prosecuting attorney to disclose to the defendant or their attorney certain materials and information, including statements of all defendants and any exculpatory evidence, as specified. This bill would permit a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to defense counsel or a defendant appearing in propia persona during informal discovery. The bill would allow defense counsel to reproduce a copy or portion of the transcript received pursuant to these provisions as an exhibit pursuant to a court order or rule, or for internal use, but would prohibit counsel from otherwise providing or selling a copy or copies to any other party or person.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 69954 of the Government Code is amended to read:69954. (a) Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(b) The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(c) The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(e) (1) In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.(2) Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 709Introduced by Assembly Member McKinnorFebruary 13, 2023 An act to amend Section 69954 of the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 709, as introduced, McKinnor. Transcripts: criminal proceedings: exculpatory evidence.Existing law generally establishes the fees a court reporter may charge for the transcription of court proceedings and the printed original and copies of the transcription. Existing law permits any court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, as specified, without paying an additional fee. Existing law requires the prosecuting attorney to disclose to the defendant or their attorney certain materials and information, including statements of all defendants and any exculpatory evidence, as specified. This bill would permit a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to defense counsel or a defendant appearing in propia persona during informal discovery. The bill would allow defense counsel to reproduce a copy or portion of the transcript received pursuant to these provisions as an exhibit pursuant to a court order or rule, or for internal use, but would prohibit counsel from otherwise providing or selling a copy or copies to any other party or person.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 709
Introduced by Assembly Member McKinnorFebruary 13, 2023
Introduced by Assembly Member McKinnor
February 13, 2023
An act to amend Section 69954 of the Government Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 709, as introduced, McKinnor. Transcripts: criminal proceedings: exculpatory evidence.
Existing law generally establishes the fees a court reporter may charge for the transcription of court proceedings and the printed original and copies of the transcription. Existing law permits any court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, as specified, without paying an additional fee. Existing law requires the prosecuting attorney to disclose to the defendant or their attorney certain materials and information, including statements of all defendants and any exculpatory evidence, as specified. This bill would permit a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to defense counsel or a defendant appearing in propia persona during informal discovery. The bill would allow defense counsel to reproduce a copy or portion of the transcript received pursuant to these provisions as an exhibit pursuant to a court order or rule, or for internal use, but would prohibit counsel from otherwise providing or selling a copy or copies to any other party or person.
Existing law generally establishes the fees a court reporter may charge for the transcription of court proceedings and the printed original and copies of the transcription. Existing law permits any court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, as specified, without paying an additional fee. Existing law requires the prosecuting attorney to disclose to the defendant or their attorney certain materials and information, including statements of all defendants and any exculpatory evidence, as specified.
This bill would permit a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness to provide an unofficial copy of the transcript or relevant portion thereof to defense counsel or a defendant appearing in propia persona during informal discovery. The bill would allow defense counsel to reproduce a copy or portion of the transcript received pursuant to these provisions as an exhibit pursuant to a court order or rule, or for internal use, but would prohibit counsel from otherwise providing or selling a copy or copies to any other party or person.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 69954 of the Government Code is amended to read:69954. (a) Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(b) The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(c) The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(e) (1) In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.(2) Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 69954 of the Government Code is amended to read:69954. (a) Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(b) The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(c) The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(e) (1) In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.(2) Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
SECTION 1. Section 69954 of the Government Code is amended to read:
### SECTION 1.
69954. (a) Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(b) The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(c) The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(e) (1) In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.(2) Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
69954. (a) Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(b) The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(c) The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(e) (1) In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.(2) Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
69954. (a) Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(b) The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.(c) The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.(e) (1) In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.(2) Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
69954. (a) Transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper shall be compensated at the same rate set for paper transcripts, except the reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.
(b) The fee for a second copy of a transcript on appeal in computer-readable format ordered by or on behalf of a requesting party within 120 days of the filing or delivery of the original transcript shall be compensated at one-third the rate set forth for a second copy of a transcript as provided in Section 69950. A reporter may also charge an additional fee not to exceed the cost of the medium or any copies thereof.
(c) The fee for a computer-readable transcript shall be paid by the requesting court, party, or person, unless the computer-readable transcript is requested by a party in lieu of a paper transcript required to be delivered to that party by the rules of court. In that event, the fee shall be chargeable as statute or rule provides for the paper transcript.
(d) Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.
(e) (1) In recognition of a prosecutors statutory and constitutional obligation to disclose exculpatory and impeachment evidence to a defendant in a criminal case, a prosecutor with actual possession of a transcript that contains potentially exculpatory or impeaching material involving a peace officer-witness may provide an unofficial copy of the transcript, or a relevant portion thereof, to defense counsel or defendants appearing in propia persona during informal discovery.
(2) Defense counsel or defendants appearing in propia persona receiving an unofficial transcript or portion thereof pursuant to paragraph (1) may reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but shall not otherwise provide or sell a copy or copies to any other party or person.