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| 1 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1758Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas)March 02, 2023 An act to add Section 68511.3 to the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 1758, as introduced, Committee on Judiciary. Court records: fees.Existing law requires the Judicial Council to adopt rules to establish standards and guidelines for the creation, maintenance, reproduction, and preservation of court records, to ensure the accuracy and preserve the integrity of the records, and ensure that the public can access and reproduce the records. Existing rules of court require that all records be made reasonably available to the public except those that are sealed by court order or made confidential by law.This bill would require a court to make public court records that are maintained in an electronic format available to the public for inspection and copying at a courthouse during hours when the courthouse is open to the public. The bill would require a court to provide remote access to all public court records about civil cases, including registers of actions, calendars, and indexes, that are maintained by the court in an electronic format, as specified. The bill would prohibit a court that provides the public with remote access to these records from charging a fee to search for, download, or copy public court records. The bill would authorize a court to charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The bill would require the Judicial Council, by January 1, 2026, to develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 68511.3 is added to the Government Code, to read:68511.3. (a) Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public.(b) (1) Except as provided in paragraph (2), a court shall provide remote access to all public court records about civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records by means that include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access.(c) Except as provided in subdivision (d), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) shall not charge a fee to search for, download, or copy public court records.(d) Notwithstanding subdivision (c), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1) (A) Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B) None of the following shall be considered to be a commercial user:(i) An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii) An attorney or law firm that obtains a record about a client.(iii) A person who attests that the records are needed for a scholarly, journalistic, political, or government use.(2) Court record has the same meaning as in subdivision (a) of Section 68151.(3) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1758Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas)March 02, 2023 An act to add Section 68511.3 to the Government Code, relating to courts. LEGISLATIVE COUNSEL'S DIGESTAB 1758, as introduced, Committee on Judiciary. Court records: fees.Existing law requires the Judicial Council to adopt rules to establish standards and guidelines for the creation, maintenance, reproduction, and preservation of court records, to ensure the accuracy and preserve the integrity of the records, and ensure that the public can access and reproduce the records. Existing rules of court require that all records be made reasonably available to the public except those that are sealed by court order or made confidential by law.This bill would require a court to make public court records that are maintained in an electronic format available to the public for inspection and copying at a courthouse during hours when the courthouse is open to the public. The bill would require a court to provide remote access to all public court records about civil cases, including registers of actions, calendars, and indexes, that are maintained by the court in an electronic format, as specified. The bill would prohibit a court that provides the public with remote access to these records from charging a fee to search for, download, or copy public court records. The bill would authorize a court to charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The bill would require the Judicial Council, by January 1, 2026, to develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
| 4 | 4 | ||
| 5 | - | Amended IN Senate July 13, 2023 | |
| 6 | 5 | ||
| 7 | - | Amended IN Senate July 13, 2023 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1758 | |
| 14 | 14 | ||
| 15 | - | Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas) | |
| 15 | + | Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas)March 02, 2023 | |
| 16 | 16 | ||
| 17 | - | Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas) | |
| 17 | + | Introduced by Committee on Judiciary (Assembly Members Maienschein (Chair), Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, and Robert Rivas) | |
| 18 | 18 | March 02, 2023 | |
| 19 | 19 | ||
| 20 | 20 | An act to add Section 68511.3 to the Government Code, relating to courts. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1758, as | |
| 26 | + | AB 1758, as introduced, Committee on Judiciary. Court records: fees. | |
| 27 | 27 | ||
| 28 | - | Existing law requires the Judicial Council to adopt rules to establish standards and guidelines for the creation, maintenance, reproduction, and preservation of court records, to ensure the accuracy and preserve the integrity of the records, and ensure that the public can access and reproduce the records. Existing rules of court require that all records be made reasonably available to the public except those that are sealed by court order or made confidential by law.This bill would require a court to make public court records that are maintained in an electronic format available to the public for inspection and copying at a courthouse during hours when the courthouse is open to the public. The bill | |
| 28 | + | Existing law requires the Judicial Council to adopt rules to establish standards and guidelines for the creation, maintenance, reproduction, and preservation of court records, to ensure the accuracy and preserve the integrity of the records, and ensure that the public can access and reproduce the records. Existing rules of court require that all records be made reasonably available to the public except those that are sealed by court order or made confidential by law.This bill would require a court to make public court records that are maintained in an electronic format available to the public for inspection and copying at a courthouse during hours when the courthouse is open to the public. The bill would require a court to provide remote access to all public court records about civil cases, including registers of actions, calendars, and indexes, that are maintained by the court in an electronic format, as specified. The bill would prohibit a court that provides the public with remote access to these records from charging a fee to search for, download, or copy public court records. The bill would authorize a court to charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The bill would require the Judicial Council, by January 1, 2026, to develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees. | |
| 29 | 29 | ||
| 30 | 30 | Existing law requires the Judicial Council to adopt rules to establish standards and guidelines for the creation, maintenance, reproduction, and preservation of court records, to ensure the accuracy and preserve the integrity of the records, and ensure that the public can access and reproduce the records. Existing rules of court require that all records be made reasonably available to the public except those that are sealed by court order or made confidential by law. | |
| 31 | 31 | ||
| 32 | - | This bill would require a court to make public court records that are maintained in an electronic format available to the public for inspection and copying at a courthouse during hours when the courthouse is open to the public. The bill | |
| 32 | + | This bill would require a court to make public court records that are maintained in an electronic format available to the public for inspection and copying at a courthouse during hours when the courthouse is open to the public. The bill would require a court to provide remote access to all public court records about civil cases, including registers of actions, calendars, and indexes, that are maintained by the court in an electronic format, as specified. The bill would prohibit a court that provides the public with remote access to these records from charging a fee to search for, download, or copy public court records. The bill would authorize a court to charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The bill would require the Judicial Council, by January 1, 2026, to develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees. | |
| 33 | 33 | ||
| 34 | 34 | ## Digest Key | |
| 35 | 35 | ||
| 36 | 36 | ## Bill Text | |
| 37 | 37 | ||
| 38 | - | The people of the State of California do enact as follows:SECTION 1. Section 68511.3 is added to the Government Code, to read:68511.3.(a)Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public. | |
| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 68511.3 is added to the Government Code, to read:68511.3. (a) Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public.(b) (1) Except as provided in paragraph (2), a court shall provide remote access to all public court records about civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records by means that include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access.(c) Except as provided in subdivision (d), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) shall not charge a fee to search for, download, or copy public court records.(d) Notwithstanding subdivision (c), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1) (A) Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B) None of the following shall be considered to be a commercial user:(i) An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii) An attorney or law firm that obtains a record about a client.(iii) A person who attests that the records are needed for a scholarly, journalistic, political, or government use.(2) Court record has the same meaning as in subdivision (a) of Section 68151.(3) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. | |
| 39 | 39 | ||
| 40 | 40 | The people of the State of California do enact as follows: | |
| 41 | 41 | ||
| 42 | 42 | ## The people of the State of California do enact as follows: | |
| 43 | 43 | ||
| 44 | - | SECTION 1. Section 68511.3 is added to the Government Code, to read:68511.3.(a)Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public. | |
| 44 | + | SECTION 1. Section 68511.3 is added to the Government Code, to read:68511.3. (a) Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public.(b) (1) Except as provided in paragraph (2), a court shall provide remote access to all public court records about civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records by means that include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access.(c) Except as provided in subdivision (d), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) shall not charge a fee to search for, download, or copy public court records.(d) Notwithstanding subdivision (c), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1) (A) Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B) None of the following shall be considered to be a commercial user:(i) An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii) An attorney or law firm that obtains a record about a client.(iii) A person who attests that the records are needed for a scholarly, journalistic, political, or government use.(2) Court record has the same meaning as in subdivision (a) of Section 68151.(3) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. | |
| 45 | 45 | ||
| 46 | 46 | SECTION 1. Section 68511.3 is added to the Government Code, to read: | |
| 47 | 47 | ||
| 48 | 48 | ### SECTION 1. | |
| 49 | 49 | ||
| 50 | - | 68511.3.(a)Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public. (b)68511.3. (a) (1) Except as provided in paragraph (2), a court shall provide to the public remote access to all public court records about in civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, indexes as defined in Section 69842, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records from a location other than a public terminal at the courthouse by means that may include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide the public with remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means provide the public with remote access because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access. in a civil case that may only be accessed at a courthouse pursuant to the California Rules of Court.(c)(b) Except as provided in subdivision (d), (c), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) (a) shall not charge a fee to search for, download, or copy public court such records.(d)(c) (1) Notwithstanding subdivision (c), (b), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing format consistent with a rule of court that the Judicial Council may adopt in order to establish statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1)(A)Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B)None(2) No person who attests that they are one of the following shall be considered to be a commercial user:(i)An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii)An attorney or law firm that obtains a record about a client.(A) An employee of an educational institution or governmental entity seeking records for the official use of the institution or entity.(B) An attorney representing a client on a pro bono basis or employed by a legal services organization, or a person working in the same law firm or legal services organization seeking a record in a clients case pursuant to terms and requirements specified in the California Rules of Court.(iii)(C) A person who attests that the records are needed for a scholarly, journalistic, political, or government use. is a representative of the news media, meaning one who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the persons livelihood or for substantial financial gain.(d) As used in this section: (2)(1) Court record has the same meaning as in subdivision (a) of Section 68151. 68151, excluding any reporters transcript for which the reporter is entitled to receive a fee for any copy.(3)(2) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. (3) Legal services organization means a nonprofit entity in good standing in California and the state in which it is incorporated, if other than California, that provides as its primary purpose and function legal services in civil matters to indigent and disenfranchised persons.(e) This section shall become operative on January 1, 2025. | |
| 50 | + | 68511.3. (a) Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public.(b) (1) Except as provided in paragraph (2), a court shall provide remote access to all public court records about civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records by means that include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access.(c) Except as provided in subdivision (d), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) shall not charge a fee to search for, download, or copy public court records.(d) Notwithstanding subdivision (c), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1) (A) Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B) None of the following shall be considered to be a commercial user:(i) An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii) An attorney or law firm that obtains a record about a client.(iii) A person who attests that the records are needed for a scholarly, journalistic, political, or government use.(2) Court record has the same meaning as in subdivision (a) of Section 68151.(3) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. | |
| 51 | + | ||
| 52 | + | 68511.3. (a) Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public.(b) (1) Except as provided in paragraph (2), a court shall provide remote access to all public court records about civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records by means that include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access.(c) Except as provided in subdivision (d), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) shall not charge a fee to search for, download, or copy public court records.(d) Notwithstanding subdivision (c), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1) (A) Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B) None of the following shall be considered to be a commercial user:(i) An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii) An attorney or law firm that obtains a record about a client.(iii) A person who attests that the records are needed for a scholarly, journalistic, political, or government use.(2) Court record has the same meaning as in subdivision (a) of Section 68151.(3) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. | |
| 53 | + | ||
| 54 | + | 68511.3. (a) Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public.(b) (1) Except as provided in paragraph (2), a court shall provide remote access to all public court records about civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records by means that include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access.(c) Except as provided in subdivision (d), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) shall not charge a fee to search for, download, or copy public court records.(d) Notwithstanding subdivision (c), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1) (A) Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B) None of the following shall be considered to be a commercial user:(i) An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii) An attorney or law firm that obtains a record about a client.(iii) A person who attests that the records are needed for a scholarly, journalistic, political, or government use.(2) Court record has the same meaning as in subdivision (a) of Section 68151.(3) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. | |
| 51 | 55 | ||
| 52 | 56 | ||
| 53 | 57 | ||
| 54 | - | (a)Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public. | |
| 58 | + | 68511.3. (a) Unless otherwise prohibited by law, a court shall make public court records that are maintained in an electronic format available to the public, in either electronic or paper form, for inspection and copying at a courthouse during hours when the courthouse is open to the public. | |
| 55 | 59 | ||
| 60 | + | (b) (1) Except as provided in paragraph (2), a court shall provide remote access to all public court records about civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records by means that include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court. | |
| 56 | 61 | ||
| 62 | + | (2) A court is not required to provide remote access to the records described in paragraph (1) in either of the following circumstances: | |
| 57 | 63 | ||
| 58 | - | ( | |
| 64 | + | (A) It is not reasonably feasible for the court to make the records available by remote means because the court lacks either the resources or the technical capacity to do so. | |
| 59 | 65 | ||
| 66 | + | (B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access. | |
| 60 | 67 | ||
| 68 | + | (c) Except as provided in subdivision (d), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) shall not charge a fee to search for, download, or copy public court records. | |
| 61 | 69 | ||
| 62 | - | 68511.3. (a) (1) Except as provided in paragraph (2), a court shall provide to the public remote access to all public court records about in civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, indexes as defined in Section 69842, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records from a location other than a public terminal at the courthouse by means that may include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide the public with remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means provide the public with remote access because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access. in a civil case that may only be accessed at a courthouse pursuant to the California Rules of Court.(c)(b) Except as provided in subdivision (d), (c), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) (a) shall not charge a fee to search for, download, or copy public court such records.(d)(c) (1) Notwithstanding subdivision (c), (b), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing format consistent with a rule of court that the Judicial Council may adopt in order to establish statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1)(A)Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B)None(2) No person who attests that they are one of the following shall be considered to be a commercial user:(i)An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii)An attorney or law firm that obtains a record about a client.(A) An employee of an educational institution or governmental entity seeking records for the official use of the institution or entity.(B) An attorney representing a client on a pro bono basis or employed by a legal services organization, or a person working in the same law firm or legal services organization seeking a record in a clients case pursuant to terms and requirements specified in the California Rules of Court.(iii)(C) A person who attests that the records are needed for a scholarly, journalistic, political, or government use. is a representative of the news media, meaning one who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the persons livelihood or for substantial financial gain.(d) As used in this section: (2)(1) Court record has the same meaning as in subdivision (a) of Section 68151. 68151, excluding any reporters transcript for which the reporter is entitled to receive a fee for any copy.(3)(2) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. (3) Legal services organization means a nonprofit entity in good standing in California and the state in which it is incorporated, if other than California, that provides as its primary purpose and function legal services in civil matters to indigent and disenfranchised persons.(e) This section shall become operative on January 1, 2025. | |
| 63 | - | ||
| 64 | - | 68511.3. (a) (1) Except as provided in paragraph (2), a court shall provide to the public remote access to all public court records about in civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, indexes as defined in Section 69842, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records from a location other than a public terminal at the courthouse by means that may include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court.(2) A court is not required to provide the public with remote access to the records described in paragraph (1) in either of the following circumstances:(A) It is not reasonably feasible for the court to make the records available by remote means provide the public with remote access because the court lacks either the resources or the technical capacity to do so.(B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access. in a civil case that may only be accessed at a courthouse pursuant to the California Rules of Court.(c)(b) Except as provided in subdivision (d), (c), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) (a) shall not charge a fee to search for, download, or copy public court such records.(d)(c) (1) Notwithstanding subdivision (c), (b), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing format consistent with a rule of court that the Judicial Council may adopt in order to establish statewide commercial user fees or a process for courts to use in developing commercial user fees.(e) As used in this section:(1)(A)Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes.(B)None(2) No person who attests that they are one of the following shall be considered to be a commercial user:(i)An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained.(ii)An attorney or law firm that obtains a record about a client.(A) An employee of an educational institution or governmental entity seeking records for the official use of the institution or entity.(B) An attorney representing a client on a pro bono basis or employed by a legal services organization, or a person working in the same law firm or legal services organization seeking a record in a clients case pursuant to terms and requirements specified in the California Rules of Court.(iii)(C) A person who attests that the records are needed for a scholarly, journalistic, political, or government use. is a representative of the news media, meaning one who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the persons livelihood or for substantial financial gain.(d) As used in this section: (2)(1) Court record has the same meaning as in subdivision (a) of Section 68151. 68151, excluding any reporters transcript for which the reporter is entitled to receive a fee for any copy.(3)(2) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. (3) Legal services organization means a nonprofit entity in good standing in California and the state in which it is incorporated, if other than California, that provides as its primary purpose and function legal services in civil matters to indigent and disenfranchised persons.(e) This section shall become operative on January 1, 2025. | |
| 65 | - | ||
| 66 | - | ||
| 67 | - | ||
| 68 | - | 68511.3. (a) (1) Except as provided in paragraph (2), a court shall provide to the public remote access to all public court records about in civil cases, including registers of actions as defined in Section 69845, calendars, and indexes, indexes as defined in Section 69842, that are maintained by the court in an electronic format. A court may provide the public with remote access to the records from a location other than a public terminal at the courthouse by means that may include, but are not limited to, an internet website maintained by the court, or a third party on behalf of the court. | |
| 69 | - | ||
| 70 | - | (2) A court is not required to provide the public with remote access to the records described in paragraph (1) in either of the following circumstances: | |
| 71 | - | ||
| 72 | - | (A) It is not reasonably feasible for the court to make the records available by remote means provide the public with remote access because the court lacks either the resources or the technical capacity to do so. | |
| 73 | - | ||
| 74 | - | (B) The record is about one of the types of civil cases listed in the California Rules of Court as a type of civil case to which a court may not provide remote access. in a civil case that may only be accessed at a courthouse pursuant to the California Rules of Court. | |
| 75 | - | ||
| 76 | - | (c) | |
| 77 | - | ||
| 78 | - | ||
| 79 | - | ||
| 80 | - | (b) Except as provided in subdivision (d), (c), a court that provides the public with remote access to the records described in paragraph (1) of subdivision (b) (a) shall not charge a fee to search for, download, or copy public court such records. | |
| 81 | - | ||
| 82 | - | (d) | |
| 83 | - | ||
| 84 | - | ||
| 85 | - | ||
| 86 | - | (c) (1) Notwithstanding subdivision (c), (b), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing format consistent with a rule of court that the Judicial Council may adopt in order to establish statewide commercial user fees or a process for courts to use in developing commercial user fees. | |
| 70 | + | (d) Notwithstanding subdivision (c), a court may charge a fee to a commercial user for viewing, searching, duplicating, downloading, or printing public court records in an electronic format. The Judicial Council shall, by January 1, 2026, develop a rule of court establishing statewide commercial user fees or a process for courts to use in developing commercial user fees. | |
| 87 | 71 | ||
| 88 | 72 | (e) As used in this section: | |
| 89 | 73 | ||
| 90 | - | ||
| 91 | - | ||
| 92 | 74 | (1) (A) Commercial user means a person or entity, or any person acting on behalf of an entity, that has viewed, downloaded, or printed at least 100 individual electronic court records during a 12-month period for commercial purposes. | |
| 93 | 75 | ||
| 94 | - | ||
| 95 | - | ||
| 96 | - | (B)None | |
| 97 | - | ||
| 98 | - | ||
| 99 | - | ||
| 100 | - | (2) No person who attests that they are one of the following shall be considered to be a commercial user: | |
| 76 | + | (B) None of the following shall be considered to be a commercial user: | |
| 101 | 77 | ||
| 102 | 78 | (i) An entity formally organized as a nonprofit corporation, including, but not limited to, a nonprofit organization providing legal services to the persons whose records are obtained. | |
| 103 | 79 | ||
| 104 | - | ||
| 105 | - | ||
| 106 | 80 | (ii) An attorney or law firm that obtains a record about a client. | |
| 107 | 81 | ||
| 82 | + | (iii) A person who attests that the records are needed for a scholarly, journalistic, political, or government use. | |
| 108 | 83 | ||
| 84 | + | (2) Court record has the same meaning as in subdivision (a) of Section 68151. | |
| 109 | 85 | ||
| 110 | - | (A) An employee of an educational institution or governmental entity seeking records for the official use of the institution or entity. | |
| 111 | - | ||
| 112 | - | (B) An attorney representing a client on a pro bono basis or employed by a legal services organization, or a person working in the same law firm or legal services organization seeking a record in a clients case pursuant to terms and requirements specified in the California Rules of Court. | |
| 113 | - | ||
| 114 | - | (iii) | |
| 115 | - | ||
| 116 | - | ||
| 117 | - | ||
| 118 | - | (C) A person who attests that the records are needed for a scholarly, journalistic, political, or government use. is a representative of the news media, meaning one who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public for a substantial portion of the persons livelihood or for substantial financial gain. | |
| 119 | - | ||
| 120 | - | (d) As used in this section: | |
| 121 | - | ||
| 122 | - | (2) | |
| 123 | - | ||
| 124 | - | ||
| 125 | - | ||
| 126 | - | (1) Court record has the same meaning as in subdivision (a) of Section 68151. 68151, excluding any reporters transcript for which the reporter is entitled to receive a fee for any copy. | |
| 127 | - | ||
| 128 | - | (3) | |
| 129 | - | ||
| 130 | - | ||
| 131 | - | ||
| 132 | - | (2) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. | |
| 133 | - | ||
| 134 | - | (3) Legal services organization means a nonprofit entity in good standing in California and the state in which it is incorporated, if other than California, that provides as its primary purpose and function legal services in civil matters to indigent and disenfranchised persons. | |
| 135 | - | ||
| 136 | - | (e) This section shall become operative on January 1, 2025. | |
| 86 | + | (3) Public court record means a court record that is not sealed by court order, made exempt from remote public access under the California Rules of Court, or otherwise confidential by law. |