BILL NUMBER: AB 2033	CHAPTERED  07/09/02

	CHAPTER  124
	FILED WITH SECRETARY OF STATE  JULY 9, 2002
	APPROVED BY GOVERNOR  JULY 9, 2002
	PASSED THE ASSEMBLY  JUNE 24, 2002
	PASSED THE SENATE  JUNE 20, 2002
	AMENDED IN SENATE  JUNE 18, 2002
	AMENDED IN ASSEMBLY  APRIL 4, 2002

INTRODUCED BY   Assembly Member Robert Pacheco

                        FEBRUARY 15, 2002

   An act to amend Section 1550 of the Evidence Code, relating to
admissibility of evidence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2033, Robert Pacheco.  Admissibility of evidence.
   Existing law sets forth the rules governing the proof of the
content of a writing in a civil or criminal action or proceeding.
Under existing law, if made in the regular course of business, as
specified, a nonerasable optical image reproduction of a writing may
be introduced in court as proof of a writing, provided that
additions, deletions, or changes to the original document are not
permitted by that technology.
   This bill would expand that category of evidence to include any
other reproduction of a public record by a trusted system, as
specified.  The bill would also make technical, nonsubstantive
changes to that provision.  The bill would become operative on the
date the Secretary of State adopts specified standards regarding the
storage of documents in electronic media.


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


  SECTION 1.  Section 1550 of the Evidence Code is amended to read:
   1550.  (a) If made and preserved as a part of the records of a
business, as defined in Section 1270, in the regular course of that
business, the following types of evidence of a writing are as
admissible as the writing itself:
   (1) A nonerasable optical image reproduction or any other
reproduction of a public record by a trusted system, as defined in
Section 12168.7 of the Government Code, if additions, deletions, or
changes to the original document are not permitted by the technology.

   (2) A photostatic copy or reproduction.
   (3) A microfilm, microcard, or miniature photographic copy,
reprint, or enlargement.
   (4) Any other photographic copy or reproduction, or an enlargement
thereof.
   (b) The introduction of evidence of a writing pursuant to
subdivision (a) does not preclude admission of the original writing
if it is still in existence.  A court may require the introduction of
a hard copy printout of the document.
  SEC. 2.  This act shall become operative on the date the Secretary
of State adopts uniform standards for storing and recording permanent
and nonpermanent documents in electronic media, as required by
Section 12168.7 of the Government Code.