BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2299
                                                                  Page  1

          Date of Hearing:   March 25, 2008

                           ASSEMBLY COMMITTEE ON JUDICIARY
                                  Dave Jones, Chair
                  AB 2299 (Silva) - As Introduced: February 21, 2008

                                  PROPOSED CONSENT
           
          SUBJECT  :   CALIFORNIA LAW REVISION COMMISSION

           KEY ISSUE  :  SHOULD VARIOUS TECHNICAL CORRECTIONS TO OBSOLETE  
          REFERENCES BE MADE TO THE CODES AS RECOMMENDED BY THE CALIFORNIA  
          LAW REVISION COMMISSION?

                                      SYNOPSIS

          This non-controversial bill makes numerous technical changes in  
          the California codes that have been recommended by the  
          California Law Revision Commission.  The changes propose  
          technical and minor substantive revisions to generalize and  
          modernize existing statutory references to audio or video  
          recording.  Specifically, references to the use of "tape,"  
          "cassette," "audiotape," or "videotape" would be revised to  
          instead refer in a generic manner to any recording technology.   
          The revisions would thereby allow for use of existing digital  
          recording technology that does not make use of a tape, as well  
          as other recording technologies that may be developed in the  
          future.

           SUMMARY  :   Makes technical changes to the codes by  
          recommendation of the California Law Review Commission.   
          Specifically,  this bill  modernizes existing statutory references  
          to audio or video recording and other non-substantive changes to  
          obsolete references that exist in various statutory provisions.

           EXISTING LAW  :   Contains obsolete references to "audiotape" or  
          "videotape" in various provisions.

           FISCAL EFFECT  :   None

           COMMENTS  :   The California Law Revision Commission is authorized  
          by Government Code Section 8298 to study and recommend revisions  
          correcting technical and minor substantive defects in California  
          statutes.  This bill proposes the Commission's recommendations  
          which contain revisions to generalize and modernize existing  








                                                                  AB 2299
                                                                  Page  2

          statutory references to audio or video recording.

          The author notes that this bill revises references in various  
          statutory provisions to audio or video recording that use words  
          such as "tape," "cassette," "audiotape," or "videotape."  Those  
          references are outdated, as modern recording technology does not  
          necessarily require storage on a "tape."  Instead, many modern  
          recording devices digitally store information on a computer chip  
          or disk.  The bill revises these statutory references by using  
          generic language that is not limited to any specific recording  
          medium, thereby including not only existing digital recording  
          media, but also any recording media that may be developed in the  
          future.  Generally, the revisions involve replacing a reference  
          to "audio tape" or "videotape" with a reference to "audio  
          recording" or "video recording," or a similar substitution of  
          terms.

          The revisions are consistent with two prior reforms:  1) a bill  
          enacted in 2002, revising numerous references to "audiotape and  
          "videotape" in the Civil Discovery Act, and 2) similar prior  
          revisions to a limited number of sections in the Civil Discovery  
          Act recommended by the Commission in 2004, and subsequently  
          enacted into law.
            
           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          None on file

           Opposition 
           
          None on file
           
          Analysis Prepared by  :    Drew Liebert / JUD. / (916) 319-2334