BILL ANALYSIS
AB 2299
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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
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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references are outdated, as modern recording technology does not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