CA AB 1189

Quick answers

Description

Existing law establishes the Court Reporters Board of California within the Department of Consumer Affairs and sets forth its powers and duties relating to the licensure and regulation of shorthand reporters. Existing law requires an applicant for certification as a shorthand reporter to obtain a passing score on a certified shorthand reporter examination specified by the board, and requires an applicant to meet specified requirements to qualify to take the examination. A violation of the provisions regulating shorthand reporters is a misdemeanor. This bill would provide for the certification of digital reporters by the board and would authorize a certified digital reporter, among other things, to swear in witnesses and capture the record in a legal proceeding. The bill would also provide for the certification of legal transcriptionists by the board and would authorize a legal transcriptionist to, among other things, certify transcripts for use in legal proceedings. The bill would establish application and qualifications for these certifications, including requiring applicants for either certification to obtain a certificate from a certain professional organization, or meet other specified requirements. By expanding the scope of existing crimes, this bill would impose a state-mandated local program. This bill would require the board to establish certification and renewal fees for digital reporters and legal transcriptionists. Because some of those fees would be required to be deposited into the Transcript Reimbursement Fund, a continuously appropriated fund, the bill would make an appropriation. This bill would make it an unfair labor practice for a court to terminate a certified shorthand reporter and transfer their job duties to a digital reporter or legal transcriptionist, and would create a presumption that terminating a certified shorthand reporter within ____ days before or after hiring a digital reporter or legal transcriptionist is a violation of that prohibition. Existing law, the Civil Discovery Act, requires that depositions be taken stenographically by a certified shorthand reporter, except as specified. This bill would instead require depositions to be recorded stenographically by a certified shorthand reporter or a certified digital recorder, and would, for purposes of certain provision of that act, specify that a deposition is recorded stenographically when it is recorded by either a certified stenographer or certified digital recorder. Existing law, known as the "heresay rule," provides that, at a hearing, evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated is inadmissible. Existing law provides exceptions to the heresay rule to permit admission of specified kinds of evidence, including former testimony, if certain conditions are satisfied. This bill would specify that, if otherwise admissible, a digitally captured transcript is admissible if the transcript was captured digitally under the supervision of a digital reporter and was transcribed by a digital reporter or a legal transcriptionist. Existing law authorizes a superior court to appoint official court reporters and official reporters pro tempore as deemed necessary for the performance of the duties of the court and its members. This bill would authorize a digital reporter to prepare an electronic recording of a proceeding and would authorize a legal transcriptionist to prepare a transcript of the proceeding if an electronic recording is prepared by a digital reporter. The bill would require a legal transcriptionist to receive fees for their services. Existing law authorizes a court to use electronic recording equipment to record an action or proceeding in a limited civil case or a misdemeanor or infraction case, if an official reporter or an official reporter pro tempore is unavailable. Existing law authorizes the use of a transcript derived from the electronic reporting whenever a transcript of court proceedings is required. This bill would require the electronic recording to be done by a digital reporter and would authorize the use of a transcript derived from an electronic recording only when the transcript was transcribed by a certified legal transcriptionist. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.