Bill Text: CA AB1167 | 2013-2014 | Regular Session | Chaptered
Bill Title: Court records: electronic forms.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2013-08-27 - Chaptered by Secretary of State - Chapter 156, Statutes of 2013. [AB1167 Detail]
Download: California-2013-AB1167-Chaptered.html
BILL NUMBER: AB 1167 CHAPTERED
BILL TEXT
CHAPTER 156
FILED WITH SECRETARY OF STATE AUGUST 27, 2013
APPROVED BY GOVERNOR AUGUST 27, 2013
PASSED THE SENATE JULY 8, 2013
PASSED THE ASSEMBLY AUGUST 8, 2013
AMENDED IN SENATE JULY 1, 2013
AMENDED IN SENATE JUNE 10, 2013
AMENDED IN SENATE MAY 6, 2013
AMENDED IN ASSEMBLY APRIL 3, 2013
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 22, 2013
An act to amend Section 687.010 of the Code of Civil Procedure and
to amend Section 68150 of the Government Code, relating to court
records.
LEGISLATIVE COUNSEL'S DIGEST
AB 1167, Dickinson. Court records: electronic forms.
Existing law governs the procedure for levying an execution lien
upon real or personal property. Existing law requires the judgment
creditor to give the levying officer written instructions containing
the information needed or requested by the levying officer to serve
the writ, order, notice, or other paper on a person.
This bill would require instructions given to a levying officer to
include specified information if the instructions are accompanied by
a specified writ of execution issued by the court as an electronic
record or document printed from an electronic record issued by the
court. Except as specified, the bill would authorize the levying
officer to proceed in the same manner as if in possession of a paper
version of the original writ.
Existing law authorizes courts to create and maintain court
records in electronic forms and authorizes the signing and
verification of specified trial court documents using a computer or
other technology. Existing law also defines the term "court record"
for purposes of the management of trial court records.
This bill would additionally include a writ, subpoena, or other
legal process as a trial court document that may be signed and
verified using a computer or other technology.
This bill would incorporate additional changes to Section 68150 of
the Government Code proposed by AB 1352 that would become operative
if this bill and AB 1352 are enacted, and this bill is chaptered
last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 687.010 of the Code of Civil Procedure is
amended to read:
687.010. (a) The judgment creditor shall give the levying officer
instructions in writing. The instructions shall be signed by the
judgment creditor's attorney of record or, if the judgment creditor
does not have an attorney of record, by the judgment creditor. The
instructions shall contain the information needed or requested by the
levying officer to comply with this title, including, but not
limited to, all of the following:
(1) An adequate description of any property to be levied upon.
(2) A statement whether the property is a dwelling.
(3) If the property is a dwelling, whether it is real or personal
property.
(4) The name of the judgment debtor. If the judgment debtor is
other than a natural person, the type of legal entity shall be
stated.
(b) Subject to subdivision (c), the levying officer shall act in
accordance with the written instructions to the extent the actions
are taken in conformance with the provisions of this title.
(c) Except to the extent the levying officer has actual knowledge
that the information is incorrect, the levying officer may rely on
any information contained in the written instructions.
(d) The levying officer instructions may be transmitted
electronically to the levying officer pursuant to Chapter 2
(commencing with Section 263) of Title 4 of Part 1.
(e) If the instructions directing the levying officer to perform a
levy are accompanied by a writ of execution for money, possession,
or sale of personal or real property issued by the court as an
electronic record, as defined in subdivision (b) of Section 263.1, or
a document printed from an electronic record issued by the court,
the instructions shall also include all of the following information,
as stated in the writ:
(1) The date of issuance of the writ.
(2) The name of each judgment creditor and judgment debtor.
(3) The amount of the total judgment for money, a description of
the property subject to a judgment for possession or sale, or both
the amount and the description.
(4) A statement indicating that the accompanying writ is either of
the following:
(A) An original writ, or a copy of the original writ issued by the
court as an electronic record, not already in the possession of the
levying officer.
(B) A copy of the original writ already in possession of the
levying officer.
(f) Except to the extent the levying officer has actual knowledge
that the information in the electronic writ has been altered, the
levying officer may proceed in the same manner as if in possession of
a paper version of the original writ.
SEC. 2. Section 68150 of the Government Code is amended to read:
68150. (a) Trial court records may be created, maintained, and
preserved in any form or forms of communication or representation,
including paper, optical, electronic, magnetic, micrographic, or
photographic media or other technology, if the form or forms of
representation or communication satisfy the rules adopted by the
Judicial Council pursuant to subdivision (c), once those rules have
been adopted. Until those rules are adopted, the court may continue
to create, maintain, and preserve records according to the minimum
standards or guidelines for the preservation and reproduction of the
medium adopted by the American National Standards Institute or the
Association for Information and Image Management.
(b) This section shall not apply to court reporters' transcripts
or to specifications for electronic recordings made as the official
record of oral proceedings. These records shall be governed by the
California Rules of Court.
(c) The Judicial Council shall adopt rules to establish the
standards or guidelines for the creation, maintenance, reproduction,
or preservation of court records, including records that must be
preserved permanently. The standards or guidelines shall reflect
industry standards for each medium used, if those standards exist.
The standards or guidelines shall ensure that court records are
created and maintained in a manner that ensures accuracy and
preserves the integrity of the records throughout their maintenance.
They shall also ensure that the records are stored and preserved in a
manner that will protect them against loss and ensure preservation
for the required period of time. Standards and guidelines for the
electronic creation, maintenance, and preservation of court records
shall ensure that the public can access and reproduce records with at
least the same amount of convenience as paper records previously
provided.
(d) No additions, deletions, or changes shall be made to the
content of court records, except as authorized by statute or the
California Rules of Court.
(e) Court records shall be indexed for convenient access.
(f) A copy of a court record created, maintained, preserved, or
reproduced according to subdivisions (a) and (c) shall be deemed an
original court record and may be certified as a correct copy of the
original record.
(g) Any notice, order, judgment, decree, decision, ruling,
opinion, memorandum, warrant, certificate of service, writ, subpoena,
or other legal process or similar document issued by a trial court
or by a judicial officer of a trial court may be signed, subscribed,
or verified using a computer or other technology in accordance with
procedures, standards, and guidelines established by the Judicial
Council pursuant to this section. Notwithstanding any other provision
of law, all notices, orders, judgments, decrees, decisions, rulings,
opinions, memoranda, warrants, certificates of service, writs,
subpoenas, or other legal process or similar documents that are
signed, subscribed, or verified by computer or other technological
means pursuant to this subdivision shall have the same validity, and
the same legal force and effect, as paper documents signed,
subscribed, or verified by a trial court or a judicial officer of the
court.
(h) A court record created, maintained, preserved, or reproduced
in accordance with subdivisions (a) and (c) shall be stored in a
manner and in a place that reasonably ensures its preservation
against loss, theft, defacement, or destruction for the prescribed
retention period under Section 68152.
(i) A court record that was created, maintained, preserved, or
reproduced in accordance with subdivisions (a) and (c) may be
disposed of in accordance with the procedure under Section 68153,
unless it is either of the following:
(1) A comprehensive historical and sample superior court record
preserved for research under the California Rules of Court.
(2) A court record that is required to be preserved permanently.
(j) Instructions for access to data stored on a medium other than
paper shall be documented.
(k) Each court shall conduct a periodic review of the media in
which the court records are stored to ensure that the storage medium
is not obsolete and that current technology is capable of accessing
and reproducing the records. The court shall reproduce records before
the expiration of their estimated lifespan for the medium in which
they are stored according to the standards or guidelines established
by the Judicial Council.
(l) Unless access is otherwise restricted by law, court records
created, maintained, preserved, or reproduced under subdivisions (a)
and (c) shall be made reasonably accessible to all members of the
public for viewing and duplication as the paper records would have
been accessible. Unless access is otherwise restricted by law, court
records maintained in electronic form shall be viewable at the court,
regardless of whether they are also accessible remotely. Reasonable
provision shall be made for duplicating the records at cost. Cost
shall consist of all costs associated with duplicating the records as
determined by the court.
SEC. 3. Section 68150 of the Government Code is amended to read:
68150. (a) Trial court records may be created, maintained, and
preserved in any form or forms of communication or representation,
including paper, optical, electronic, magnetic, micrographic, or
photographic media or other technology, if the form or forms of
representation or communication satisfy the rules adopted by the
Judicial Council pursuant to subdivision (c), once those rules have
been adopted. Until those rules are adopted, the court may continue
to create, maintain, and preserve records according to the minimum
standards or guidelines for the preservation and reproduction of the
medium adopted by the American National Standards Institute or the
Association for Information and Image Management.
(b) (1) This section shall not apply to court reporters'
transcripts or to specifications for electronic recordings made as
the official record of oral proceedings. These records shall be
governed by the California Rules of Court.
(2) This section shall not apply to original wills and codicils
delivered to the clerk of the court under Section 8200 of the Probate
Code. Original wills and codicils shall be retained as provided in
Section 26810.
(c) The Judicial Council shall adopt rules to establish the
standards or guidelines for the creation, maintenance, reproduction,
or preservation of court records, including records that must be
preserved permanently. The standards or guidelines shall reflect
industry standards for each medium used, if those standards exist.
The standards or guidelines shall ensure that court records are
created and maintained in a manner that ensures accuracy and
preserves the integrity of the records throughout their maintenance.
They shall also ensure that the records are stored and preserved in a
manner that will protect them against loss and ensure preservation
for the required period of time. Standards and guidelines for the
electronic creation, maintenance, and preservation of court records
shall ensure that the public can access and reproduce records with at
least the same amount of convenience as paper records previously
provided.
(d) No additions, deletions, or changes shall be made to the
content of court records, except as authorized by statute or the
California Rules of Court.
(e) Court records shall be indexed for convenient access.
(f) A copy of a court record created, maintained, preserved, or
reproduced according to subdivisions (a) and (c) shall be deemed an
original court record and may be certified as a true and correct copy
of the original record. The clerk of the court may certify a copy of
the record by electronic or other technological means, if the means
adopted by the court reasonably ensures that the certified copy is a
true and correct copy of the original record, or of a specified part
of the original record.
(g) Any notice, order, judgment, decree, decision, ruling,
opinion, memorandum, warrant, certificate of service, writ, subpoena,
or other legal process or similar document issued by a trial court
or by a judicial officer of a trial court may be signed, subscribed,
or verified using a computer or other technology in accordance with
procedures, standards, and guidelines established by the Judicial
Council pursuant to this section. Notwithstanding any other provision
of law, all notices, orders, judgments, decrees, decisions, rulings,
opinions, memoranda, warrants, certificates of service, writs,
subpoenas, or other legal process or similar documents that are
signed, subscribed, or verified by computer or other technological
means pursuant to this subdivision shall have the same validity, and
the same legal force and effect, as paper documents signed,
subscribed, or verified by a trial court or a judicial officer of the
court.
(h) A court record created, maintained, preserved, or reproduced
in accordance with subdivisions (a) and (c) shall be stored in a
manner and in a place that reasonably ensures its preservation
against loss, theft, defacement, or destruction for the prescribed
retention period under Section 68152.
(i) A court record that was created, maintained, preserved, or
reproduced in accordance with subdivisions (a) and (c) may be
disposed of in accordance with the procedure under Section 68153,
unless it is either of the following:
(1) A comprehensive historical and sample superior court record
preserved for research under the California Rules of Court.
(2) A court record that is required to be preserved permanently.
(j) Instructions for access to data stored on a medium other than
paper shall be documented.
(k) Each court shall conduct a periodic review of the media in
which the court records are stored to ensure that the storage medium
is not obsolete and that current technology is capable of accessing
and reproducing the records. The court shall reproduce records before
the expiration of their estimated lifespan for the medium in which
they are stored according to the standards or guidelines established
by the Judicial Council.
(l) Unless access is otherwise restricted by law, court records
created, maintained, preserved, or reproduced under subdivisions (a)
and (c) shall be made reasonably accessible to all members of the
public for viewing and duplication as the paper records would have
been accessible. Unless access is otherwise restricted by law, court
records maintained in electronic form shall be viewable at the court,
regardless of whether they are also accessible remotely. Reasonable
provision shall be made for duplicating the records at cost. Cost
shall consist of all costs associated with duplicating the records as
determined by the court.
SEC. 4. Section 3 of this bill incorporates amendments to Section
68150 of the Government Code proposed by both this bill and Assembly
Bill 1352. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2014, (2) each
bill amends Section 68150 of the Government Code, and (3) this bill
is enacted after Assembly Bill 1352, in which case Section 2 of this
bill shall not become operative.
