AB1189 - Court reporting: digital reporters and legal transcriptionists.

Amended IN Assembly March 28, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1189 Introduced by Assembly Member Chen Lackey February 21, 2025 An act to amend Section 8009 of the Business and Professions Code, relating to court reporters. An act to amend Section 8031 of, to add Section 8019.5 to, and to add Article 6 (commencing with Section 8060) and Article 7 (commencing with Section 8070) to Chapter 13 of Division 3 of, the Business and Professions Code, to amend Sections 2025.330 and 2025.510 of the Code of Civil Procedure, to add Section 1295 to the Evidence Code, and to amend Section 69957 of, and to add Section 69954.5 to, the Government Code, relating to court reporting, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST AB 1189, as amended, Chen Lackey. Court reporters. Court reporting: digital reporters and legal transcriptionists. 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. Existing law provides for the certification and regulation of shorthand reporters by the Court Reporters Board of California in the Department of Consumer Affairs. Existing law requires disciplinary proceedings under these provisions to be conducted in accordance with existing administrative adjudication provisions. This bill would make a nonsubstantive change to this requirement. Digest Key Vote: MAJORITY Appropriation: NO YES Fiscal Committee: NO YES Local Program: NO YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 8019.5 is added to the Business and Professions Code, to read: 8019.5. It shall be an unfair labor practice for a California court to terminate a certified shorthand reporter who is employed by a court and shifting their job duties to a digital reporter or legal transcriptionist. There shall be a presumption that terminating a certified shorthand reporter within ____ days before or after hiring a digital reporter or legal transcriptionist is a violation of this section. SEC. 2. Section 8031 of the Business and Professions Code is amended to read: 8031. The amount of the fees required by this chapter is that fixed by the board in accordance with the following schedule: (a) The fee for filing an application for each examination shall be no more than forty dollars ($40). (b) The fee for examination and reexamination for each of the written or practical parts of the examination shall be in an amount fixed by the board, which shall be equal to the actual cost of preparing, administering, grading, and analyzing the examination, but shall not exceed seventy-five dollars ($75) for each separate part, for each administration. (c) The initial certificate fee is an amount equal to the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, except that, if the certificate will expire less than 180 days after its issuance, then the fee is 50 percent of the renewal fee in effect on the last regular renewal date before the date on which the certificate is issued, or fifty dollars ($50), whichever is greater. The board may, by appropriate regulation, provide for the waiver or refund of the initial certificate fee where the certificate is issued less than 45 days before the date on which it will expire. (d) By a resolution adopted by the board, a renewal fee may be established in such amounts and at such times as the board may deem appropriate to meet its operational expenses and funding responsibilities as set forth in this chapter. The renewal fee shall not be more than two hundred fifty dollars ($250) nor less than ten dollars ($10) annually, with the following exception: Any person who is employed full time by the State of California as a hearing reporter and who does not otherwise render shorthand reporting services for a fee shall be exempt from licensure while in state employment and shall not be subject to the renewal fee provisions of this subdivision until 30 days after leaving state employment. The renewal fee shall, in addition to the amount fixed by this subdivision, include any unpaid fees required by this section plus any delinquency fee. (e) The duplicate certificate fee shall be no greater than ten dollars ($10). (f) The penalty for failure to notify the board of a change of name or address as required by Section 8024.6 shall be no greater than fifty dollars ($50). (g) The fees for initial certification and renewal as a digital reporter pursuant to Article 6 (commencing with Section 8060) or for certification as a legal transcriptionist pursuant to Article 7 (commencing with Section 8070) shall be established by the board by regulation. Those fees shall not exceed the reasonable regulatory cost to the board to administer and enforce those provisions. SEC. 3. Article 6 (commencing with Section 8060) is added to Chapter 13 of Division 3 of the Business and Professions Code, to read: Article 6. Digital Reporter 8060. (a) Any person over 18 years of age who meets the following requirements shall qualify for certification as a digital reporter: (1) Has not committed any acts or crimes constituting grounds for denial of licensure under Section 480, 8025, or 8025.1. (2) Has a high school education or its equivalent, as determined by the board. (3) Holds a valid license as a notary public in California. (4) Meets either of the following: (A) Has a certificate from the American Association of Electronic Reporters and Transcribers as a certified electronic reporter or certified deposition reporter demonstrating proficiency with the equipment and protocols to capture a digital record of the proceeding or deposition. (B) Has a valid license to digitally record proceedings issued by a state other than California whose requirements and licensing examination are substantially the same as those in California. (b) A person may apply to the board for certification as a digital reporter in the manner specified by the board and upon payment of any fees required pursuant to Section 8031. (c) A certificate issued pursuant to this article shall be valid for a period of one year, except the initial period of licensure as prescribed by the board, and shall expire at 12 midnight on the last day of the month of birth of the licensee unless renewed. 8061. A certificate issued pursuant to this article shall be renewed in the manner specified in Article 3 (commencing with Section 8020). 8062. A certified digital reporter is authorized to do all of the following: (a) Swear in witnesses. (b) Ensure that the digital recording equipment is properly functioning and capturing the record accurately. (c) Alert participants when malfunctions occur. (d) Ensure the chain of custody of the record. (e) Capture the record in a legal proceeding, including depositions, hearings, and trials. SEC. 4. Article 7 (commencing with Section 8070) is added to Chapter 13 of Division 3 of the Business and Professions Code, to read: Article 7. Legal Transcriptionist 8070. (a) Any person over 18 years of age, who has not committed any acts or crimes constituting grounds for the denial of licensure under Sections 480, 8025, and 8025.1, who has a high school education or its equivalent as determined by the board, or has a certificate from the American Association of Electronic Reporters and Transcribers or its equivalent, as determined by the board, shall be entitled to a certificate as a legal transcriptionist. (b) A person may apply to the board for certification as a legal transcriptionist in the manner specified by the board and upon payment of any fees required pursuant to Section 8031. (c) The board shall issue a certificate within 60 days of receipt of a complete and accurate application from an applicant who has met the criteria specified in subdivision (a). The certificate shall be valid for one year, except the initial period of licensure, which shall be prescribed by the board. The license shall expire at midnight on the last day of the month of birth of the licensee, unless renewed. (d) A certificate holder shall renew a certificate in the manner specified in Article 3 (commencing with Section 8020). 8072. A legal transcriptionist is authorized to do all of the following: (a) Transcribe audio and video recordings of depositions, trials, and appeals proceedings. (b) Review transcriptions for accuracy and clarity. (c) Certify transcripts for use in legal proceedings. SEC. 5. Section 2025.330 of the Code of Civil Procedure is amended to read: 2025.330. (a) The deposition officer shall put the deponent under oath or affirmation. (b) Unless the parties agree or the court orders otherwise, the testimony, as well as any stated objections, shall be taken stenographically. If taken stenographically, it shall be recorded stenographically by a person certified pursuant to under Article 3 (commencing with Section 8020) or Article 6 (commencing with Section 8060) of Chapter 13 of Division 3 of the Business and Professions Code. (c) The party noticing the deposition may also record the testimony by audio or video technology if the notice of deposition stated an intention also to record the testimony by either of those methods, or if all the parties agree that the testimony may also be recorded by either of those methods. Any other party, at that party’s expense, may make an audio or video record of the deposition, provided that the other party promptly, and in no event less than three calendar days before the date for which the deposition is scheduled, serves a written notice of this intention to make an audio or video record of the deposition testimony on the party or attorney who noticed the deposition, on all other parties or attorneys on whom the deposition notice was served under Section 2025.240, and on any deponent whose attendance is being compelled by a deposition subpoena under Chapter 6 (commencing with Section 2020.010). If this notice is given three calendar days before the deposition date, it shall be made by personal service under Section 1011. (d) Examination and cross-examination of the deponent shall proceed as permitted at trial under the provisions of the Evidence Code. (e) In lieu of participating in the oral examination, parties may transmit written questions in a sealed envelope to the party taking the deposition for delivery to the deposition officer, who shall unseal the envelope and propound them to the deponent after the oral examin [Text truncated for display. Full text available on Congress.gov.]