California Assembly Bill AB2427 Amended / Bill

 BILL NUMBER: AB 2427AMENDED BILL TEXT AMENDED IN ASSEMBLY MAY 4, 2016 AMENDED IN ASSEMBLY APRIL 12, 2016 INTRODUCED BY Assembly Member Chau FEBRUARY 19, 2016 An act to amend Section 129 of, and to add Section 2034.415 to, the Code of Civil Procedure, relating to civil procedure. LEGISLATIVE COUNSEL'S DIGEST AB 2427, as amended, Chau. Civil Procedure: discovery. Existing law generally prohibits a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a  postmortem   post mortem  examination or autopsy, from being made or disseminated. This prohibition does not apply for use in a criminal action or proceeding in this state that relates to the death of that person,  or   or,  as a court permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least 5 days before the order is made, upon the district attorney of the county in which the  postmortem   post mortem  examination or autopsy has been made or caused to be made. This bill would additionally authorize the making or dissemination of a copy, reproduction, or facsimile described above for use or potential use in a civil action or proceeding that relates to the death of the deceased person  (1)  if the coroner receives written authorization from a legal heir or representative of the deceased person before the action is filed or while the action is  pending, or   pending and the legal heir   or representative provides to the coroner either a declaration under penalty of perjury and a valid form of identification, or a certified death certificate, or (2)  if a subpoena is issued  by a party who is a legal heir or representative of the deceased person  in a pending civil action.  By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.  Existing law authorizes any party, after the setting of the initial trial date for an action, to demand the simultaneous exchange by all parties of lists containing the names and addresses of any persons expected to provide expert opinion testimony at the trial. Existing law also provides that a demand for an exchange of expert witness lists may include a demand for the production of discoverable reports and writings made by the listed expert witnesses. Existing law authorizes a party, to depose any expert disclosed in an expert witness list. This bill would require that any materials or category of materials, including any electronically stored information, and any discoverable reports and writings of an expert trial witness, demanded to be produced in the deposition notice be produced no later than 3 business days before the deposition.  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that no reimbursement is required by this act for a specified reason.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 129 of the Code of Civil Procedure is amended to read: 129. (a) Notwithstanding any other law, a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a post mortem examination or autopsy, shall not be made or disseminated except as follows: (1) For use in a criminal action or proceeding in this state that relates to the death of that person. (2) As a court of this state permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least five days before the order is made, upon the district attorney of the county in which the post mortem examination or autopsy has been made or caused to be made. (3) For use or potential use in a civil action or proceeding in this state that relates to the death of that person, if either of the following applies: (A) The coroner receives written authorization from a legal heir or representative of that person before the action is filed or while the action is pending.  To verify the identity of the legal heir or representative, either of the following shall be provided to the coroner:   (i) A declaration under penalty of perjury that the individual is a legal heir or representative of the deceased person and a valid form of identification.   (ii) A certified death certificate.  (B) A subpoena is issued  by a party who is a legal heir or representative of the deceased person  in a pending civil action. (b) This section shall not apply to the making or dissemination of a copy, reproduction, or facsimile for use in the field of forensic pathology, in medical or scientific education or research, or by a coroner or any law enforcement agency in the United States for investigative purposes, including identification and identification confirmation. (c) This section shall apply to a copy, reproduction, or facsimile, and to a photograph, negative, or print, regardless of when it was made. (d) A coroner is not personally liable for monetary damages in a civil action for any act or omission in compliance with this section. SEC. 2. Section 2034.415 is added to the Code of Civil Procedure, to read: 2034.415. Any materials or category of materials, including any electronically stored information, and any discoverable reports and writings of an expert trial witness, demanded to be produced in the deposition notice shall be produced no later than three business days before the deposition of the expert trial witness.  SEC. 3.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.