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AB-788 Court transcripts.(2013-2014)



Current Version: 06/24/13 - Amended Senate Compare Versions information image


AB788:v96#DOCUMENT

Amended  IN  Senate  June 24, 2013
Amended  IN  Assembly  April 23, 2013
Amended  IN  Assembly  April 10, 2013

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 788


Introduced by Assembly Member Wagner

February 21, 2013


An act to amend Section 69954 of, and to add Section 69954.5 to, the Government Code, relating to court transcripts.


LEGISLATIVE COUNSEL'S DIGEST


AB 788, as amended, Wagner. Court transcripts.
Existing law authorizes a superior court to appoint official reporters and prescribes the fees for their services. Existing law requires that transcripts prepared by a reporter using computer assistance and delivered on a medium other than paper be compensated at the same rate set for paper transcripts, except as specified. Existing law establishes certain fees for second copies of transcripts, as specified, including transcripts in computer-readable format.
Existing law authorizes a court, party, or person who has purchased a transcript to reproduce a copy or portion thereof as an exhibit, pursuant to court order or rule, or for internal use, without paying a further fee to the reporter, but prohibits otherwise providing or selling a copy or copies to any other party or person.
This bill would limit the reproduction provisions described above to computer-readable transcripts.
This bill would additionally authorize, in the case of transcripts that are not computer-readable, the purchaser of a transcript to reproduce the transcript for internal use or in response to a request for discovery, a court order, rule, or subpoena, or as permitted by rule of court or statute, or subpoena without paying a further fee to the reporter, but would prohibit otherwise providing or selling a copy or copies to any other party or person.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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 computer-readable 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.

SEC. 2.

 Section 69954.5 is added to the Government Code, to read:

69954.5.
 Except as provided in subdivision (d) of Section 69954, any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce one or more copies or portions of the transcript for internal use or in response to a request for discovery, court order, rule, or subpoena, or as permitted by rule of court or statute, or subpoena, but shall not otherwise provide or sell a copy or copies to any other party or person.