California Assembly Bill AB1867 Amended / Bill

 BILL NUMBER: AB 1867AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 31, 2016 INTRODUCED BY Assembly Member Steinorth FEBRUARY 10, 2016 An act to amend  Sections 1452, 1453, and 1530   Section 452.5  of the Evidence Code, relating to evidence. LEGISLATIVE COUNSEL'S DIGEST AB 1867, as amended, Steinorth. Evidence:  admissibility: writings.   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.   Existing law requires a writing to be authenticated before it can be received in evidence. Existing law defines authentication of a writing as the introduction of evidence sufficient to sustain a finding that it is the writing that the proponent of the evidence claims it is or the establishment of such facts by any other means, as provided. Under existing law a seal is presumed to be genuine and its use authorized if it purports to be the seal of certain entities including, among other, the United States or a department, agency, or public employee of the United States.   This bill would provide that this presumption applies to a scanned, electronically stored, faxed, photocopied, or other duplicate of a seal.   Under existing law a signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his or her official capacity of a public employee of the United States, a public employee or any public entity in the United States, or a notary public within any state of the United States.   This bill would provide that this presumption applies to a scanned, electronically stored, faxed, photocopied, or other duplicate of a signature.   Under existing law a purported copy of a writing in the custody of a public entity, or of an entry in such a writing, is prima facie evidence of the existence and content of such writing or entry if, among other things, the office in which the writing is kept is within the United States or other specified territory, and the copy is attested or certified as a correct copy of the writing or entry by a public employee or a deputy of a public employee, having the legal custody of the writing.   This bill would provide that this presumption applies to a scanned, electronically stored, faxed, photocopied, or other duplicate of an attested or other certified correct copy of a writing or entry. The bill would also make technical, nonsubstantive changes to these provisions.  Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. 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 which   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  bears an electronic signature or watermark unique to the entity responsible for certifying the document.   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.   SECTION 1.   Section 1452 of the Evidence Code is amended to read: 1452. (a) A seal is presumed to be genuine and its use authorized if it purports to be the seal of: (1) The United States or a department, agency, or public employee of the United States. (2) A public entity in the United States or a department, agency, or public employee of such public entity. (3) A nation recognized by the executive power of the United States or a department, agency, or officer of such nation. (4) A public entity in a nation recognized by the executive power of the United States or a department, agency, or officer of such public entity. (5) A court of admiralty or maritime jurisdiction. (6) A notary public within any state of the United States. (b) The presumption set forth in subdivision (a) applies to a scanned, electronically stored, faxed, photocopied, or other duplicate of a seal.   SEC. 2.   Section 1453 of the Evidence Code is amended to read: 1453. (a) A signature is presumed to be genuine and authorized if it purports to be the signature, affixed in his or her official capacity, of: (1) A public employee of the United States. (2) A public employee of any public entity in the United States. (3) A notary public within any state of the United States. (b) The presumption set forth in subdivision (a) applies to a scanned, electronically stored, faxed, photocopied, or other duplicate of a signature.   SEC. 3.   Section 1530 of the Evidence Code is amended to read: 1530. (a) A purported copy of a writing in the custody of a public entity, or of an entry in such a writing, is prima facie evidence of the existence and content of such writing or entry if any of the following apply: (1) The copy purports to be published by the authority of the nation or state, or public entity of the nation or state in which the writing is kept. (2) The office in which the writing is kept is within the United States or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, and the copy is attested or certified as a correct copy of the writing or entry by a public employee, or a deputy of a public employee, having the legal custody of the writing. The presumption set forth in this paragraph applies to a scanned, electronically stored, faxed, photocopied, or other duplicate of an attested or other certified correct copy of a writing or entry. (3) The office in which the writing is kept is not within the United States or any other place described in paragraph (2) and the copy is attested as a correct copy of the writing or entry by a person having authority to make attestation. The attestation must be accompanied by a final statement certifying the genuineness of the signature and the official position of (A) the person who attested the copy as a correct copy or (B) any foreign official who has certified either the genuineness of the signature and official position of the person attesting the copy or the genuineness of the signature and official position of another foreign official who has executed a similar certificate in a chain of such certificates beginning with a certificate of the genuineness of the signature and official position of the person attesting the copy. Except as provided in the next sentence, the final statement may be made only by a secretary of an embassy or legation, consul general, consul, vice consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. Before January 1, 1971, the final statement may also be made by a secretary of an embassy or legation, consul general, consul, vice consul, consular agent, or other officer in the foreign service of the United States stationed in the nation in which the writing is kept, authenticated by the seal of his or her office. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (A) admit an attested copy without the final statement or (B) permit the writing or entry in foreign custody to be evidenced by an attested summary with or without a final statement. (b) The presumptions established by this section are presumptions affecting the burden of producing evidence.