Bill Text: CA AB1867 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Evidence: judicial notice: official records of conviction.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-08-17 - Chaptered by Secretary of State - Chapter 126, Statutes of 2016. [AB1867 Detail]

Download: California-2015-AB1867-Chaptered.html

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BILL NUMBER: AB 1867	CHAPTERED
	BILL TEXT

	CHAPTER  126
	FILED WITH SECRETARY OF STATE  AUGUST 17, 2016
	APPROVED BY GOVERNOR  AUGUST 17, 2016
	PASSED THE SENATE  AUGUST 1, 2016
	PASSED THE ASSEMBLY  APRIL 11, 2016
	AMENDED IN ASSEMBLY  MARCH 31, 2016

INTRODUCED BY   Assembly Member Steinorth

                        FEBRUARY 10, 2016

   An act to amend Section 452.5 of the Evidence Code, relating to
evidence.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1867, Steinorth. Evidence: judicial notice: official records of
conviction.
   Existing law authorizes judicial notice to be taken of certain
matters, including the official acts of state and federal
legislative, executive, and judicial departments and the records of
any state or federal court. Existing law provides that a certified
official record of conviction, or an electronically digitized copy of
that record, is admissible to prove, among other things, the act,
condition, or event recorded by the record. Existing law defines
"electronically digitized copy" as a copy (1) made by scanning,
photographing, or otherwise exactly reproducing a document, (2)
stored or maintained in a digitized format, and (3) bearing an
electronic signature or watermark unique to the entity responsible
for certifying the document.
   This bill would additionally include as an "electronically
digitized copy" a copy that, rather than bearing an electronic
signature or watermark unique to the entity certifying the document,
was transmitted by a superior court clerk in a manner showing that
the copy was prepared and transmitted by that superior court clerk.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 452.5 of the Evidence Code is amended to read:
   452.5.  (a) The official acts and records specified in
subdivisions (c) and (d) of Section 452 include any
computer-generated official court records, as specified by the
Judicial Council, that relate to criminal convictions, when the
record is certified by a clerk of the superior court pursuant to
Section 69844.5 of the Government Code at the time of computer entry.

   (b) (1) An official record of conviction certified in accordance
with subdivision (a) of Section 1530, or an electronically digitized
copy thereof, is admissible under Section 1280 to prove the
commission, attempted commission, or solicitation of a criminal
offense, prior conviction, service of a prison term, or other act,
condition, or event recorded by the record.
   (2) For purposes of this subdivision, "electronically digitized
copy" means a copy that is made by scanning, photographing, or
otherwise exactly reproducing a document, is stored or maintained in
a digitized format, and meets either of the following requirements:
   (A) The copy bears an electronic signature or watermark unique to
the entity responsible for certifying the document.
   (B) The document that is copied is an official record of
conviction, certified in accordance with subdivision (a) of Section
1530, that is transmitted by the clerk of the superior court in a
manner showing that the copy was prepared and transmitted by that
clerk of the superior court. A seal, signature, or other indicia of
the court shall constitute adequate showing.