BILL NUMBER: SB 326	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2011

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 amended, 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  timely  public access to
 case-initiating civil and criminal  court records, as
defined. The bill would require the rule to provide for newly filed
or lodged  case-initiating civil and criminal  court records
 , upon request by a member of the public,  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) Delays in public access to case-initiating documents have a
special significance because those documents are the means by which
the public becomes aware that the powers of the judiciary have been
invoked with respect to a particular controversy or crime. However,
the use of electronic technologies for filing court actions and
modernizing access to court records have in many instances had the
unintended consequence of increasing delays in access to those
case-initiating court records.  
   (d) 
    (e)  It is the intent of the Legislature to ensure, as
California's courts move forward to implement various electronic
filing and other technologies, that  case-initiating documents,
as well as other  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.  
  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 CASE-INITIATING TRIAL COURT RECORDS


   68180.  The following definitions apply to this chapter:
   (a) (1) "Case-initiating civil and criminal court records" means
all of the following:
   (A) Any complaint or petition in an unlimited civil case, as
defined in Section 88 of the Code of Civil Procedure.
   (B) Any writ petition, as provided for in Title 1 (commencing with
Section 1067) of Part 3 of the Code of Civil Procedure.
   (C) Any indictment, information, or complaint in felony and
misdemeanor criminal actions.
   (2) "Case-initiating civil and criminal court records" includes
both electronic and nonelectronic records.
   (3) For the purposes of this chapter, "case-initiating civil and
criminal court records" does not include records that are sealed or
proposed to be sealed by court order and are confidential in
accordance with Rules 2.550 and 2.551 of the California Rules of
Court, or that are otherwise made confidential by law, including, but
not limited to, juvenile court records made confidential by Section
827 of the Welfare and Institutions Code, Child Support Case Registry
Forms, as developed by the Judicial Council pursuant to Section 4014
of the Family Code, adoption records made confidential by Section
9200 of the Family Code, pleadings in child custody proceedings
containing information made confidential by Section 3429 of the
Family Code, determination of parentage records made confidential by
Section 7643 of the Family Code, child and spousal support
enforcement program records made confidential by Section 17212 of the
Family Code, or any other case-initiating document that is
confidential by law.
   (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.  (a) The Judicial Council shall adopt a rule or rules of
court to require courts to provide timely public access to
case-initiating civil and criminal court records. The rule shall
provide for both of the following:
   (1) Upon request by a member of the public, newly filed or lodged
case-initiating civil and criminal 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.
   (2) Case-initiating civil and criminal court records may be made
available for inspection at the courthouse in either paper or
electronic form.
   (b) The Legislature specifically recognizes the importance of
timely access not just to case-initiating civil and criminal court
records, but to all court records and documents. Nothing in this
statute or in the rule or rules of court to be adopted pursuant to
this statute may be construed to limit or otherwise negatively affect
the public's right of timely access to court records as a general
matter.