BILL NUMBER: AB 883	CHAPTERED  06/24/04

	CHAPTER  65
	FILED WITH SECRETARY OF STATE  JUNE 24, 2004
	APPROVED BY GOVERNOR  JUNE 23, 2004
	PASSED THE ASSEMBLY  JUNE 17, 2004
	PASSED THE SENATE  JUNE 14, 2004
	AMENDED IN SENATE  JUNE 30, 2003

INTRODUCED BY   Assembly Member Runner

                        FEBRUARY 20, 2003

   An act to add Section 1550.1 to the Evidence Code, and to add
Section 11106.3 to the Penal Code, relating to records.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 883, Runner.   Records:  admissible hearsay.
   Existing law permits the Department of Justice and criminal
justice agencies to use any system of microphotography, optical disk,
or reproduction by other techniques that do not permit additions,
deletions, or changes to the original document to record some or all
instruments, papers, photographs, and notices that are required or
permitted by law to be recorded or filed.
   This bill would permit fingerprints to be stored or created in an
electronic format that does not permit additions, deletions, or
changes to the original fingerprints so long as the storage medium
complies with the minimum standards of quality approved by the
National Institute of Standards and Technology.
   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.  Recent changes in this law expand that
category of admissible evidence to include any other reproduction of
a public record by a trusted system, as specified, contingent on the
adoption of specified standards regarding the storage of documents
in electronic media by the Secretary of State.
   This bill would provide that reproductions of files, records,
writings, photographs, fingerprints, or other instruments in the
official custody of a criminal justice agency that were
microphotographed or otherwise reproduced in a manner that conforms
with the provisions referred to above that authorize record
maintenance procedures for the Department of Justice and criminal
justice agencies shall be admissible to the same extent and under the
same circumstances as the original file, record, writing or other
instrument would be admissible.
   This bill would state that its provisions are declarative of
existing law.


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


  SECTION 1.  Section 1550.1 is added to the Evidence Code, to read:

   1550.1.  Reproductions of files, records, writings, photographs,
fingerprints or other instruments in the official custody of a
criminal justice agency that were microphotographed or otherwise
reproduced in a manner that conforms with the provisions of Section
11106.1, 11106.2, or 11106.3 of the Penal Code shall be admissible to
the same extent and under the same circumstances as the original
file, record, writing or other instrument would be admissible.
  SEC. 2.  Section 11106.3 is added to the Penal Code, to read:
   11106.3.  Fingerprints may be stored or created in an electronic
format that does not permit additions, deletions or changes to the
original fingerprints so long as the storage medium complies with the
minimum standards of quality approved by the National Institute of
Standards and Technology.
  SEC. 3.  Sections 1 and 2 of this bill are declarative of existing
law.