54.8.
(a) In (1) any 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 computer-aided 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 computer-aided transcription systems. systems, the utilization of computer-aided realtime transcription 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 computer-aided 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.