Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2487

Introduced by Assembly Member Wagner

February 21, 2014

An act to amend Section 869 of the Penal Code, begin insert and to amend Section 40902 of the Vehicle Code, end insert relating to begin delete witness testimony end delete begin insert criminal procedure end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2487, as amended, Wagner. begin delete Witness testimony: copies of transcripts. end delete begin insert Criminal procedure. end insert

Existing law requires the testimony of each witness in cases of homicide to be reduced to writing, as specified. In cases other than homicide cases, existing law requires the testimony of each witness be reduced to writing, as specified, at the request of either the defendant or the prosecution. Existing law authorizes the magistrate before whom the examination of a witness is had to order that the testimony and proceedings be taken down in shorthand, and to appoint a shorthand reporter for that purpose. Existing law requires that deposition or witness testimony to be authenticated, as specified.

Under existing law, when a defendant is charged with a felony, the reporter is required to transcribe his or her shorthand notes within 10 days following the close of examination, making originals and copies available, as specified. If the defendant is charged with a crime other than a felony, existing law requires the reporter to transcribe his or her shorthand notes within 10 days following the close of examination, making originals and copies available, as specified, at the request of either the defendant or the prosecution.

This bill would instead require the reporter to transcribe his or her shorthand notes within 10 days following the close of examination, making originals and copies available, as specified, when a defendant is charged with homicide. In all other cases, the bill would require the reporter to transcribe his or her shorthand notes at the request of the defendant or the prosecution, within 10 days following that request, making originals and copies available, as specified.

begin insert

Existing law authorizes a defendant who is charged with a vehicle infraction to elect to have a trial by written declaration, as specified. Under existing law, if the defendant is dissatisfied with the decision of the court in the trial by written declaration, he or she is entitled to a trial de novo.

end insert begin insert

This bill would delete the requirement that those defendants be granted a trial de novo.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 869 of the Penal Code is amended to
read:

869.  

The testimony of each witness in cases of homicide shall
be reduced to writing, as a deposition, by the magistrate, or under
his or her direction, and in other cases upon the demand of the
prosecuting attorney, or the defendant, or his or her counsel. The
magistrate before whom the examination is had may, in his or her
discretion, order the testimony and proceedings to be taken down
in shorthand in all examinations specified in this section, and for
that purpose he or she may appoint a shorthand reporter. The
deposition or testimony of the witness shall be authenticated in
the following form:

(a) It shall state the name of the witness, his or her place of
residence, and his or her business or profession; except that if the
witness is a peace officer, it shall state his or her name, and the
address given in his or her testimony at the hearing.

(b) It shall contain the questions put to the witness and his or
her answers thereto, each answer being distinctly read to him or
her as it is taken down, and being corrected or added to until it
conforms to what he or she declares is the truth, except in cases
where the testimony is taken down in shorthand, the answer or
answers of the witness need not be read to him or her.

(c) If a question put be objected to on either side and overruled,
or the witness declines answering it, that fact, with the ground on
which the question was overruled or the answer declined, shall be
stated.

(d) The deposition shall be signed by the witness, or if he or
she refuses to sign it, his or her reason for refusing shall be stated
in writing, as he or she gives it, except in cases where the
deposition is taken down in shorthand, it need not be signed by
the witness.

(e) (1) If the defendant is charged with homicide, the reporter
shall transcribe his or her shorthand notes within 10 days following
the close of examination, making an original, one copy, and as
many additional copies thereof as there are defendants (other than
fictitious defendants), regardless of the number of charges or
fictitious defendants included in the same examination, and certify
and deliver the original and all copies to the clerk of the superior
court in the county in which the defendant was examined. Before
receiving any compensation as a reporter, the reporter shall file
his or her affidavit setting forth that the transcript has been
delivered within the time required by this paragraph. The reporter’s
compensation for services rendered by him or her as the reporter
in any court of this state shall be reduced by one-half if the reporter
does not comply with provisions of this paragraph as to the time
of filing the transcript.

(2) If the defendant is charged with a crime other than homicide,
and either the defendant or the prosecution requests, the reporter
shall transcribe his or her shorthand notes within 10 days following
the request, making an original, one copy, and as many additional
copies thereof as there are defendants (other than fictitious
defendants), regardless of the number of charges or fictitious
defendants included in the same examination, and certify and
deliver the original and all copies to the clerk of the superior court
in the county in which the defendant was examined. Before
receiving any compensation as a reporter, the reporter shall file
his or her affidavit setting forth that the transcript has been
delivered within the time required by this paragraph. The reporter’s
compensation for services rendered by him or her as the reporter
in any court of this state shall be reduced by one-half if the reporter
does not comply with provisions of this paragraph as to the time
of filing the transcript.

(f) In every case in which a transcript is delivered as provided
in this section, the clerk of the court shall file the original of the
transcript with the papers in the case, and shall deliver a copy of
the transcript to the district attorney immediately upon his or her
receipt thereof and shall deliver a copy of said transcript to each
defendant (other than a fictitious defendant) at least five days
before trial or upon earlier demand by him or her without cost to
him or her; provided, that if any defendant be held to answer to
two or more charges upon the same examination and thereafter
the district attorney shall file separate informations upon said
several charges, the delivery to each such defendant of one copy
of the transcript of the examination shall be begin delete a end delete begin insert in end insert compliance with
this section as to all of those informations.

(g) If the transcript is delivered by the reporter within the time
begin delete hereinbefore provided for end delete begin insert specified in this section end insert , the reporter
shall be entitled to receive the compensation fixed and allowed by
law to reporters in the superior courts of this state.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 40902 of the end insert begin insert Vehicle Code end insert begin insert is amended to read: end insert

40902.  

(a) (1) The begin delete court , end delete begin insert court, end insert pursuant to this section, shall,
by rule, provide that the defendant may elect to have a trial by
written declaration upon any alleged infraction, as charged by the
citing officer, involving a violation of this code or any local
ordinance adopted pursuant to this code, other than an infraction
cited pursuant to Article 2 (commencing with Section 23152) of
Chapter 12 of Division 11.

(2) The Judicial Council may adopt rules and forms governing
trials by declaration in accordance with this section. Any rule or
form adopted by the Judicial Council pursuant to this paragraph
shall supersede any local rule of a court adopted pursuant to
paragraph (1).

(b) If the defendant elects to have a trial by written declaration,
the defendant shall, at the time of submitting that declaration,
submit bail in the amount established in the uniform traffic penalty
schedule pursuant to Section 40310. If the defendant is found not
guilty or if the charges are otherwise dismissed, the amount of the
bail shall be promptly refunded to the defendant.

(c) Notwithstanding Division 10 (commencing with Section
1200) of the Evidence Code, the rules governing trials by written
declaration may provide for testimony and other relevant evidence
to be introduced in the form of a notice to appear issued pursuant
to Section 40500, a business record or receipt, a sworn declaration
of the arresting officer, or a written statement or letter signed by
the defendant.

begin delete

(d) If the defendant is dissatisfied with a decision of the court
in a proceeding pursuant to this section, the defendant shall be
granted a trial de novo.

end delete