BILL ANALYSIS
SENATE JUDICIARY COMMITTEE
Senator Ellen M. Corbett, Chair
2009-2010 Regular Session
AB 176
Assemblymember Silva
As Amended May 6, 2009
Hearing Date: June 9, 2009
Various Codes
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SUBJECT
California Law Revision Commission:
Technical Corrections: References to Recording Technology
DESCRIPTION
This bill would make numerous changes to the codes to modernize
existing statutory references to audio or video recording.
Specifically, this bill would revise references to the use of a
"tape," "cassette," "audiotape," or "videotape" to instead refer
more generically to any recording technology.
BACKGROUND
The California Law Revision Commission, created in 1953, is
authorized to study and recommend revisions to the codes to
correct technical or minor substantive defects.
Assembly Bill 176 is a product of the Commission's work to
discover defects in the law.
CHANGES TO EXISTING LAW
Existing law authorizes the California Law Revision Commission
to study and recommend changes in the law to correct technical
or minor substantive defects in the statutes. (Gov. Code Sec.
8298.)
Existing law contains obsolete references to "tape," "cassette,"
"audiotape," or "videotape."
This bill would revise these obsolete references to instead
refer in a generic manner to any recording technology.
(more)
AB 176 (Silva)
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AB 176 (Silva)
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COMMENT
1. Stated need for the bill
The author writes:
The bill revises . . . statutory references to recording
technology 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. . . . Many references
in existing law to audio or video recording are outdated, as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.
2. Examples of obsolete references to recording technology
This bill would modernize and generalize various references to
recording technology. For example, existing law prohibits any
person who rents or sells videocassettes from disclosing the
customer's personal information without his or her consent.
This bill would revise the term "videocassette" to instead say
"video recording."
Existing law also places certain duties on the donee of an
anatomical gift including that if the consent of the donor or
his or her representative is obtained by telephone, the donee
shall advise the donor that the conversation will be "tape
recorded." This bill would revise this section to instead
provide that the conversation will be "audio recorded." And,
existing law requires the State Fire Marshal to adopt
regulations regarding emergency procedures and provides that the
regulations may include the general contents of "videotapes."
This bill would revise this section to instead provide that
"video recordings" may be used.
Support : None Known
Opposition : None Known
HISTORY
Source : California Law Revision Commission
AB 176 (Silva)
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Related Pending Legislation : None Known
Prior Legislation :
AB 2299 (Silva, 2008), which was nearly identical to this bill,
was vetoed by the governor.
AB 2842 (Harman, 2002) revised references to "audiotape" and
"videotape" in the deposition statutes.
Prior Vote :
Assembly Judiciary Committee (Ayes 10, Noes 0)
Assembly Floor (Ayes 77, Noes 0)
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