Passage of Bill Affects Filing of Plea Transcripts

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In May we reported to you that the language in SB428 to change 1203.01 PC, regarding delivery of plea and sentencing transcripts, had been removed and the issue was pretty much dead – at least during this legislative session. Our reporter unions and associations had expressed their opposition which resulted in the 1203.01 amendments being removed from the Court Omnibus bill.

But in a bold and unorthodox move last week, AB110 (Blumenfield), a bill previously relating to the Revenue & Taxation Code, was completely gutted and amended. The “new” AB110 was drafted to contain provisions related to court budgetary items and included the 1203.01 PC amendments. The vote on this bill was expedited as part of the budget trailer package, and it was passed in both houses on Thursday, only days after it was introduced. This bill is now enrolled and awaiting the Governor’s signature before it becomes law.

The new statutory language deletes the requirement to send copies of all felony plea and sentencing transcripts to the California Department of Corrections & Rehabilitation upon commitment. Instead, only transcripts in cases where the sentence is “death or an indeterminate term with or without the possibility of parole” would be automatically provided. The amended statute includes language that provides for additional transcripts to be provided upon written request.

Although this appears to be a blow to reporter compensation, the amendment does not necessarily change the standing order in individual jurisdictions, but affects only the copies previously sent to state prison.  It is possible this amendment may precipitate changes in your individual court policy.  However, please follow the directions and orders of your court jurisdiction with regard to plea transcription.

You can read the statutory language with amendments below:

AB110, SEC. 7. Section 1203.01 of the Penal Code is amended to read:

1203.01. (a) Immediately after judgment has been pronounced, the judge and the district attorney, respectively, may cause to be filed with the clerk of the court a brief statement of their views respecting the person convicted or sentenced and the crime committed, together with any reports the probation officer may have filed relative to the prisoner. The judge and district attorney shall cause those statements to be filed if no probation officer’s report has been filed. The attorney for the defendant and the law enforcement agency that investigated the case may likewise file with the clerk of the court statements of their views respecting the defendant and the crime of which he or she was convicted. Immediately after the filing of those statements and reports, the clerk of the court shall mail a copy thereof, certified by that clerk, with postage prepaid, addressed to the Department of Corrections and Rehabilitation at the prison or other institution to which the person convicted is delivered. Within 60 days after judgment has been pronounced, the clerk shall mail a copy of the charging documents, the transcript of the proceedings at the time of the defendant’s guilty plea, if the defendant pleaded guilty, and the transcript of the proceedings at the time of sentencing, with postage prepaid, to the prison or other institution to which the person convicted is delivered. The clerk shall also mail a copy of any statement submitted by the court, district attorney, or law enforcement agency, pursuant to this section, with postage prepaid, addressed to the attorney for the defendant, if any, and to the defendant, in care of the Department of Corrections and Rehabilitation, and a copy of any statement submitted by the attorney for the defendant, with postage prepaid, shall be mailed to the district attorney.

(New language in italics)

(b) (1) In all cases in which the judgment imposed includes a sentence of death or an indeterminate term with or without the possibility of parole, the clerk shall, within 60 days after judgment has been pronounced, mail with postage prepaid, to the prison or other institution to which the person convicted is delivered, a copy of the charging documents, a copy of waiver and plea forms, if any, the transcript of the proceedings at the time of the defendant’s guilty or nolo contendere plea, if the defendant pleaded guilty or nolo contendere, and the transcript of the proceedings at the time of sentencing.

(2) In all other cases not described in paragraph (1), the clerk shall mail with postage prepaid, to the prison or other institution to which the person convicted is delivered, a copy of the charging documents, a copy of the waiver and plea forms, if any, and upon written request by the Department of Corrections and Rehabilitation or by an inmate, or by his or her counsel, for, among other purposes on a particular case, appeals, review of custody credits and release dates, and restitution orders, the transcript of the proceedings at the time of the defendant’s guilty or nolo contendere plea, if the defendant pleaded guilty or nolo contendere, and the transcript of the proceedings at the time of sentencing.

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