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- Civil Code § 54.8.
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- Assistive listening system or computer-aided transcription
- system for hearing impaired in court proceedings.
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- Beginning in 1992 italics indicate changes or additions. ***indicate
omissions.
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- (a) In any civil or criminal proceeding, including, but not limited
to, traffic, small claims court, family court proceedings and services, and juvenile court
proceedings, in any court-ordered or court provided alternative dispute resolution,
including mediation and arbitration, or in any administrative hearing of a public agency,
where a party, witness, attorney, judicial employee, judge, juror, or other participant
who is hearing impaired, the individual who is hearing impaired, upon his or her
request, shall be provided with a functioning assistive listening system or a
computer-aided transcription system. Any individual requiring this equipment shall give
advance notice of his or her need to the appropriate court or agency at the time the
hearing is set or not later than five days before the hearing.
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- (b) Assistive listening systems include, but are not limited to, special
devices which transmit amplified speech by means of audio-induction loops, radio frequency
systems (AM or FM), or infrared transmission. Personal receivers equipped with headphones
for, or use with, hearing aids shall be available upon request by individuals who are
hearing impaired.
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- (c) If a computer-aided transcription system is used, sufficient
display terminals shall be provided to allow the individual who is hearing impaired to
read the real time transcript of the proceeding without difficulty.
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- (d) A sign shall be posted in a prominent place indicating the
availability of an assistive listening system or a computer-aided transcription system.
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- (e) Each county shall have at least one portable assistive
listening***system for use by any court within the county. The system shall be in a
location jointly determined by the county board of supervisors and the judges. Notice of
the availability of the system shall be posted with notice of trials.
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- (f) The Judicial Council shall develop and approve official forms for
notice of the availability of assistive listening systems and computer-aided
transcription systems for individuals who are hearing impaired. The Judicial
Council shall also develop and maintain a system to record utilization by the courts of
these assistive listening systems and computer-aided transcription systems.
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- (g) If the individual who is hearing impaired in question is a
juror, the jury deliberation room shall be equipped with an assistive listening system or
a computer-aided transcription system are required for a juror who is hearing impaired.
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- (h) A court reporter may be present in the jury deliberating room during
a jury deliberation if the services of a court reporter for the purpose of operating a
computer-aided transcription system are required for a juror who is hearing impaired.
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- (i) In any of the proceedings referred to in subdivision (a), of
administrative hearing of a public agency, in which the individual who is hearing impaired
is a party, witness, attorney, judicial employee, judge, juror, or other participant,
and has requested use of an assistive listening system or computer-aided transcription
system, the proceedings shall not commence until the system is in place and functioning.
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- (j) As used in this section, "individual who is hearing impaired"
means an individual with a hearing loss, who, with sufficient amplification or a
computer-aided transcription system, is able to fully participate in the proceeding.
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- (k) In no case shall this section be construed to prescribe a lesser
standard of accessibility or usability than that provided by Title II of the Americans
with Disabilities Act of 1990 (Public Law 101-336) and federal regulations adopted
pursuant to that act.
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- Amended Stats 1992 ch 913 § 8 (AB 1077)
- Note——Stats 1992 ch 913 provides:
- Section 1. It is the intent of the Legislature in enacting this act to strengthen
California law in areas where it is weaker than the Americans with disabilities Act of
1990 (Public Law 101-336) and to retain California law when it provides more protection
for individuals with disabilities than the Americans with Disabilities Act of 1990.
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