BILL ANALYSIS Ó
AB 1352
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1352 (Levine) - As Amended: April 1, 2013
Policy Committee:
JudiciaryVote:10-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill modifies requirements for retention of court records.
Specifically, this bill:
1)Allows a court clerk to certify a copy of a trial court record
by electronic or other technological means, provided the means
reasonably ensures that the certified copy is a true and
correct copy of the original record.
2)Allows a trial court clerk to destroy court records, as
provided, with various reductions in current record retention
rules for the following documents:
a) Civil actions: mental health records;
b) Probate: certain probate, conservatorship and
guardianship records; and
c) Criminal actions: certain felony, misdemeanor and
infraction records.
FISCAL EFFECT
Ongoing savings in storage-related costs to the courts.
COMMENTS
Purpose . This bill, sponsored by the Judicial Council, revises
trial court record retention requirements. According to the
author, many court records today are kept for years beyond their
useful period and, as a result, trial courts are forced to
devote a substantial amount of time and resources to the storage
and maintenance of unnecessary court records. According to a
AB 1352
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2007 Judicial Council survey, court records were stored in 276
locations around the state, totaling almost two million linear
feet, with associated costs for managing these records of almost
$22 million in 2006-07.
According to the Council, "Implementation of AB 1352 will allow
courts to efficiently and effectively manage court records and
ensure that courts are not burdened by excessive record storage
costs in this time of severe budget reductions to court
operations, which jeopardize access to justice for all
Californians, while still preserving the public's access to
records when necessary.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081