California Codes

Cal. Penal Code § 190.9 (2026)

✓ current as of May 2026

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(a)(1)In any case in which a death sentence may be imposed, all proceedings conducted in the superior court, including all conferences and proceedings, whether in open court, in conference in the courtroom, or in chambers, shall be conducted on the record with a court reporter present. The court reporter shall prepare and certify a daily transcript of all proceedings commencing with the preliminary hearing. Proceedings prior to the preliminary hearing shall be reported but need not be transcribed until the court receives notice as prescribed in paragraph (2).

(2)Upon receiving notification from the prosecution that the death penalty is being sought, the clerk shall order the transcription and preparation of the record of all proceedings prior to and including the preliminary hearing in the manner prescribed by the Judicial Council in the rules of court. The record of all proceedings prior to and including the preliminary hearing shall be certified by the court no later than 120 days following notification unless the time is extended pursuant to rules of court adopted by the Judicial Council. Upon certification, the record of all proceedings is incorporated into the superior court record.

(b)(1)The court shall assign a court reporter who uses computer-aided transcription equipment to report all proceedings under this section.

(2)Failure to comply with the requirements of this section relating to the assignment of court reporters who use computer-aided transcription equipment is not a ground for reversal.

(c)Any computer-readable transcript produced by court reporters pursuant to this section shall conform to the requirements of Section 271 of the Code of Civil Procedure.

Notes of Decisions

Cited in 2 cases, 1994–2017 · leading case: People v. Freeman, 882 P.2d 249 (Cal. 1994).

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People v. Freeman, 882 P.2d 249 (Cal. 1994). · cites it 2× “Unreported Proceedings Penal Code section 190.9, subdivision (a), provides in pertinent part: "In any case in which a death sentence may be imposed, all proceedings conducted in the justice, municipal, and superior courts, including proceedings in chambers, shall be conducted on…”

Dickey v. Davis, 231 F. Supp. 3d 634 (E.D. Cal. 2017). · cites it 2× “Penal Code § 190.9(a)(1). The record reflects that on March 14, 1991, the trial judge, the prosecutor and Schultz had an unrecorded conference on jury instructions outside the presence of petitioner and the jury.”

— Cal. Penal Code § 190.9(a)(1) — 1 case

Dickey v. Davis, 231 F. Supp. 3d 634 (E.D. Cal. 2017). “Penal Code § 190.9(a)(1). The record reflects that on March 14, 1991, the trial judge, the prosecutor and Schultz had an unrecorded conference on jury instructions outside the presence of petitioner and the jury.”

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