Amended in Assembly April 22, 2014

Amended in Assembly April 10, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2487


Introduced by Assembly Member Wagner

February 21, 2014


An act tobegin delete amend Section 869 of the Penal Code, and toend delete amend Section 40902 of the Vehicle Code, relating to criminal procedure.

LEGISLATIVE COUNSEL’S DIGEST

AB 2487, as amended, Wagner. Criminal procedure.

begin delete

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.

end delete
begin delete

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.

end delete
begin delete

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.

end delete

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.

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

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

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

begin delete
P2    1

SECTION 1.  

Section 869 of the Penal Code is amended to
2read:

3

869.  

The testimony of each witness in cases of homicide shall
4be reduced to writing, as a deposition, by the magistrate, or under
5his or her direction, and in other cases upon the demand of the
6prosecuting attorney, or the defendant, or his or her counsel. The
7magistrate before whom the examination is had may, in his or her
8discretion, order the testimony and proceedings to be taken down
9in shorthand in all examinations specified in this section, and for
10that purpose he or she may appoint a shorthand reporter. The
11deposition or testimony of the witness shall be authenticated in
12the following form:

13(a) It shall state the name of the witness, his or her place of
14residence, and his or her business or profession; except that if the
15witness is a peace officer, it shall state his or her name, and the
16address given in his or her testimony at the hearing.

17(b) It shall contain the questions put to the witness and his or
18her answers thereto, each answer being distinctly read to him or
19her as it is taken down, and being corrected or added to until it
20conforms to what he or she declares is the truth, except in cases
P3    1where the testimony is taken down in shorthand, the answer or
2answers of the witness need not be read to him or her.

3(c) If a question put be objected to on either side and overruled,
4or the witness declines answering it, that fact, with the ground on
5which the question was overruled or the answer declined, shall be
6stated.

7(d) The deposition shall be signed by the witness, or if he or
8she refuses to sign it, his or her reason for refusing shall be stated
9in writing, as he or she gives it, except in cases where the
10deposition is taken down in shorthand, it need not be signed by
11the witness.

12(e) (1) If the defendant is charged with homicide, the reporter
13shall transcribe his or her shorthand notes within 10 days following
14the close of examination, making an original, one copy, and as
15many additional copies thereof as there are defendants (other than
16fictitious defendants), regardless of the number of charges or
17fictitious defendants included in the same examination, and certify
18and deliver the original and all copies to the clerk of the superior
19court in the county in which the defendant was examined. Before
20receiving any compensation as a reporter, the reporter shall file
21his or her affidavit setting forth that the transcript has been
22delivered within the time required by this paragraph. The reporter’s
23compensation for services rendered by him or her as the reporter
24in any court of this state shall be reduced by one-half if the reporter
25does not comply with provisions of this paragraph as to the time
26 of filing the transcript.

27(2) If the defendant is charged with a crime other than homicide,
28and either the defendant or the prosecution requests, the reporter
29shall transcribe his or her shorthand notes within 10 days following
30the request, making an original, one copy, and as many additional
31copies thereof as there are defendants (other than fictitious
32defendants), regardless of the number of charges or fictitious
33 defendants included in the same examination, and certify and
34deliver the original and all copies to the clerk of the superior court
35in the county in which the defendant was examined. Before
36receiving any compensation as a reporter, the reporter shall file
37his or her affidavit setting forth that the transcript has been
38delivered within the time required by this paragraph. The reporter’s
39compensation for services rendered by him or her as the reporter
40in any court of this state shall be reduced by one-half if the reporter
P4    1does not comply with provisions of this paragraph as to the time
2of filing the transcript.

3(f) In every case in which a transcript is delivered as provided
4in this section, the clerk of the court shall file the original of the
5transcript with the papers in the case, and shall deliver a copy of
6the transcript to the district attorney immediately upon his or her
7receipt thereof and shall deliver a copy of said transcript to each
8defendant (other than a fictitious defendant) at least five days
9before trial or upon earlier demand by him or her without cost to
10him or her; provided, that if any defendant be held to answer to
11two or more charges upon the same examination and thereafter
12the district attorney shall file separate informations upon said
13several charges, the delivery to each such defendant of one copy
14of the transcript of the examination shall be in compliance with
15this section as to all of those informations.

16(g) If the transcript is delivered by the reporter within the time
17specified in this section, the reporter shall be entitled to receive
18the compensation fixed and allowed by law to reporters in the
19superior courts of this state.

end delete
20

begin deleteSEC. 2.end delete
21begin insertSECTION 1.end insert  

Section 40902 of the Vehicle Code is amended
22to read:

23

40902.  

(a) (1) The court, pursuant to this section, shall, by
24rule, provide that the defendant may elect to have a trial by written
25declaration upon any alleged infraction, as charged by the citing
26officer, involving a violation of this code or any local ordinance
27adopted pursuant to this code, other than an infraction cited
28pursuant to Article 2 (commencing with Section 23152) of Chapter
2912 of Division 11.

30(2) The Judicial Council may adopt rules and forms governing
31trials by declaration in accordance with this section. Any rule or
32form adopted by the Judicial Council pursuant to this paragraph
33shall supersede any local rule of a court adopted pursuant to
34paragraph (1).

35(b) If the defendant elects to have a trial by written declaration,
36the defendant shall, at the time of submitting that declaration,
37submit bail in the amount established in the uniform traffic penalty
38schedule pursuant to Section 40310. If the defendant is found not
39guilty or if the charges are otherwise dismissed, the amount of the
40bail shall be promptly refunded to the defendant.

P5    1(c) Notwithstanding Division 10 (commencing with Section
21200) of the Evidence Code, the rules governing trials by written
3declaration may provide for testimony and other relevant evidence
4to be introduced in the form of a notice to appear issued pursuant
5to Section 40500, a business record or receipt, a sworn declaration
6of the arresting officer, or a written statement or letter signed by
7the defendant.



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