Section 938.1 Of Article 3. Legal And Other Assistants For Grand Juries From California Penal Code >> Title 4. >> Part 2. >> Chapter 3. >> Article 3.
938.1
. (a) If an indictment has been found or accusation presented
against a defendant, such stenographic reporter shall certify and
deliver to the clerk of the superior court in the county an original
transcription of the reporter's shorthand notes and a copy thereof
and as many additional copies as there are defendants, other than
fictitious defendants, regardless of the number of charges or
fictitious defendants included in the same investigation. The
reporter shall complete the certification and delivery within 10 days
after the indictment has been found or the accusation presented
unless the court for good cause makes an order extending the time.
The time shall not be extended more than 20 days. The clerk shall
file the original of the transcript, deliver a copy of the transcript
to the district attorney immediately upon receipt thereof and
deliver a copy of such transcript to each such defendant or the
defendant's attorney. If the copy of the testimony is not served as
provided in this section, the court shall on motion of the defendant
continue the trial to such time as may be necessary to secure to the
defendant receipt of a copy of such testimony 10 days before such
trial. If several criminal charges are investigated against a
defendant on one investigation and thereafter separate indictments
are returned or accusations presented upon said several charges, the
delivery to such defendant or the defendant's attorney of one copy of
the transcript of such investigation shall be a compliance with this
section as to all of such indictments or accusations.
(b) The transcript shall not be open to the public until 10 days
after its delivery to the defendant or the defendant's attorney.
Thereafter the transcript shall be open to the public unless the
court orders otherwise on its own motion or on motion of a party
pending a determination as to whether all or part of the transcript
should be sealed. If the court determines that there is a reasonable
likelihood that making all or any part of the transcript public may
prejudice a defendant's right to a fair and impartial trial, that
part of the transcript shall be sealed until the defendant's trial
has been completed.