BILL NUMBER: SB 326	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Yee

                        FEBRUARY 14, 2011

   An act to add Chapter 1.45 (commencing with Section 68180) to
Title 8 of the Government Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 326, as introduced, Yee. Court records: public access.
   Existing law requires the Judicial Council to adopt rules of court
to establish the standards and guidelines for the creation,
maintenance, reproduction, and preservation of court records, and
requires that these standards and guidelines reflect industry
standards for each medium used, ensure the accuracy and preserve the
integrity of the records, and ensure that the public can access and
reproduce the records. Specifically, unless access is otherwise
restricted by law, court records created, maintained, preserved, or
reproduced under specified provisions are required to be made
reasonably accessible to all members of the public for viewing and
duplication, and electronic court records must be viewable at the
court, whether or not they are accessible remotely. Additionally,
rules of court require courts to provide public access to electronic
records, as specified.
   This bill would require the Judicial Council to adopt a rule of
court to require courts to provide public access to court records, as
defined. The bill would require the rule to provide for newly filed
or lodged court records to be made available for public inspection at
the courthouse no later than the end of the day on which those
records are received by the court.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Timely public access to court records and documents as public
documents is an important right and necessity for an informed
citizenry.
   (b) The use of new electronic technologies for filing court
actions and modernizing access to court records can, while intended
to streamline and improve court functions and public access to court
records, actually result in delays in access to court documents.
   (c) Delays in public access to court documents and filings should
be minimized, therefore ensuring free flow of public information in a
timely and cost-effective manner.
   (d) It is the intent of the Legislature to ensure, as California's
courts move forward to implement various electronic filing and other
technologies, that court filings and documents continue to be
available to the public on a timely basis.
  SEC. 2.  Chapter 1.45 (commencing with Section 68180) is added to
Title 8 of the Government Code, to read:
      CHAPTER 1.45.  ACCESS TO TRIAL COURT RECORDS


   68180.  The following definitions apply to this chapter:
   (a) (1) "Court record" means all of the following:
   (A) Any document, paper, or exhibit filed or lodged by the parties
to an action or proceeding.
   (B) Any order or judgment of the court.
   (C) Any item listed in subdivision (a) of Section 68151, excluding
any reporter's transcript for which the reporter is entitled to
receive a fee for any copy.
   (2) "Court record" includes both electronic and nonelectronic
records.
   (3) "Court record" does not include the personal notes or
preliminary memoranda of a judge or other judicial branch personnel.
   (b) "Public" means an individual, a group, or an entity,
including, but not limited to, the print or electronic media, or the
representative of an individual, group, or entity.
   68181.  The Judicial Council shall adopt a rule or rules of court
to require courts to provide public access to court records. The rule
shall provide for both of the following:
   (a) Newly filed or lodged court records shall be made available
for public inspection at the courthouse no later than the end of the
day on which those records are received by the court.
   (b) Court records may be made available for inspection at the
courthouse in either paper or electronic form.