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SB-1106 Operators of computer-aided realtime transcription systems proceedings: certification.(2019-2020)

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Date Published: 02/19/2020 09:00 PM
SB1106:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1106

Introduced by Senator Lena Gonzalez

February 19, 2020

An act to add Article 7 (commencing with Section 8060) to Chapter 13 of Division 3 of the Business and Professions Code, and to amend Section 54.8 of the Civil Code, relating to operators of transcription systems.


LEGISLATIVE COUNSEL'S DIGEST


SB 1106, as introduced, Lena Gonzalez. Operators of computer-aided realtime transcription systems proceedings: certification.
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 their request. Existing law requires, if a computer-aided transcription system is requested, sufficient display terminals be provided to allow the hearing impaired individual to read the real-time transcript of the proceeding without difficulty. Existing law requires the Judicial Council to perform various tasks related to assistive listening systems and computer-aided transcription systems, including the development and maintenance of a system to record utilization by the courts of these systems.
This bill would require an individual requiring the services of an operator of a computer-aided realtime transcription system to give advance notice of this need, as specified, and would require the operator to provide the speech-to-text equipment to be used, unless otherwise provided by the court. The bill would require a sign to be posted in a prominent place indicating the availability, and how to request, the services of an operator. The bill would also require the Judicial Council to develop and approve official forms for notice of the availability of the services of an operator and to develop and maintain a system to record utilization by the courts of the services of certified operators of computer-aided realtime transcription systems, the services of sign language interpreters, and the services of otherwise uncertified operators, interpreters, or captioners.
Existing law authorizes a court reporter to be present in the jury deliberating room during jury deliberation if the services of the court reporter for the purpose of operating a computer-aided realtime transcription system are required for a juror who is hearing impaired.
This bill would instead authorize an operator of a computer-aided realtime transcription system to be present for that purpose.
Existing law requires the Court Reporters Board of California to license and regulate the practice of shorthand reporting, defined to generally mean, among other things, the making of a verbatim record of any oral court proceeding.
This bill, on or before January 1, 2022, would require the board to adopt standards for certifying operators for computer-aided realtime transcription (CART) systems and would authorize the board to satisfy this requirement by approving a state or national association to certify operators of computer-aided realtime transcription systems. The bill would authorize the board to collect a certification fee to cover the board’s costs of administering those provisions. The bill, on or before January 1, 2026, would also require the board to report to the Legislature the number of operators of computer-aided realtime transcription systems that, between January 1, 2022, and July 1, 2025, have successfully been certified pursuant to the standards adopted by the board.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Article 7 (commencing with Section 8060) is added to Chapter 13 of Division 3 of the Business and Professions Code, to read:
Article  7. Operators of Computer-Aided Realtime Transcription Systems

8060.
 On or before January 1, 2022, the board, subject to Section 8005.1, shall adopt standards for certifying operators of computer-aided realtime transcription (CART) systems under Section 54.8 of the Civil Code. The board may satisfy this requirement by approving a state or national association to certify operators of computer-aided realtime transcription systems under Section 54.8 of the Civil Code.

8061.
 (a) In addition to any other applicable authority, the board’s powers and duties in Section 8008 also apply to any individual certified pursuant to Section 8060. The board may collect a certification fee in an amount that is reasonably necessary to carry out its regulatory duties under this article, to be deposited in the Court Reporters’ Fund. Notwithstanding any other law, no funds collected for purposes of this article shall be transferred to the Transcript Reimbursement Fund.

8062.
 (a) On or before January 1, 2026, the board shall report to the Legislature the number of operators of computer-aided realtime transcription systems that, between January 1, 2022, and July 1, 2025, have successfully been certified pursuant to the standards adopted pursuant to Section 8060.
(b) The report required by this section shall be submitted pursuant to Section 9795 of the Government Code.

SEC. 2.

 Section 54.8 of the Civil Code is amended to read:

54.8.
 (a) In any (1) 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 realtime transcription system. Any individual requiring this equipment or the services of an operator of a computer-aided realtime transcription system 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.
(2) The operator of a computer-aided realtime transcription system shall provide the speech-to-text equipment to be used, unless otherwise provided by the court.
(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 realtime 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 the services of an operator of a computer-aided realtime 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 the services of an operator of computer-aided realtime 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 systems, the utilization of computer-aided realtime transcription systems. systems, the utilization of the services of certified operators of computer-aided realtime transcription systems who are certified pursuant to Section 8060 of the Business and Professions Code, the utilization of the services of sign language interpreters, and the utilization of the services of otherwise uncertified operators, interpreters, or captioners.
(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 realtime transcription system upon the request of the juror.
(h) A court reporter An operator of a computer-aided realtime transcription system may be present in the jury deliberating room during a jury deliberation if the services of a court reporter the operator for the purpose of operating a computer-aided realtime transcription system are required for a juror who is deaf or hard of hearing.
(i) In any of the proceedings referred to in paragraph (1) of 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 the services of an operator of a computer-aided realtime 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 with the services of a computer-aided realtime 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.