Amended in Senate April 2, 2013

Senate Bill No. 378

Introduced by Senator Block

February 20, 2013

An act to amend begin delete Sections end delete begin insert Section end insert 452.5 begin delete , 1284, 1452, 1453, 1530, and 1531 of, and to add Section 137 to, end delete begin insert of end insert the Evidence Code, relating to evidence.

LEGISLATIVE COUNSEL’S DIGEST

SB 378, as amended, Block. begin delete Evidence: admissibility: end delete begin insert Official record of conviction: admissibility of end insert electronically digitized begin delete versions end delete begin insert copy end insert .

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Existing law provides that evidence of a writing made as a record of an act, condition, or event is not made inadmissible by the hearsay rule when offered in any civil or criminal proceeding to prove the act, condition, or event if specified conditions apply. Existing law provides that an official record of conviction certified under a specified statute is admissible under this hearsay exception to prove the commission, attempted commission, or solicitation of a criminal offense, prior conviction, service of a prison term, or other act, condition, or event recorded by the record.

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This bill would provide that an electronically digitized copy, as defined, of an official record of conviction is also admissible under this hearsay exception for the same purposes as the official record.

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Existing law governs the admissibility of evidence in civil and criminal proceedings, as well as actions before referees and court commissioners.

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This bill would, as defined, provide that an electronically digitized copy of specified documents and other items is admissible as evidence to the same extent that those documents and items are otherwise admissible as evidence under existing law, including official records of criminal convictions, specified writings made by an employee who is the official custodian of records of a public entity, seals, signatures, purported copies of writings in the custody of a public entity, and attested or certified copies.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 137 is added to the Evidence Code, to
read:

137.  

“Electronically digitized copy” means a copy that is made
by scanning, photographing, or otherwise exactly reproducing a
document, is stored or maintained in a digitized format, and bears
an electronic signature or watermark unique to the entity
responsible for certifying the document.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 452.5 of the Evidence Code is amended
to read:

452.5.  

(a) The official acts and records specified in
subdivisions (c) and (d) of Section 452 include any
computer-generated official court records, as specified by the
Judicial Council which relate to criminal convictions, when the
record is certified by a clerk of the superior court pursuant to
Section 69844.5 of the Government Code at the time of computer
entry.

(b)  begin insert (1) end insert begin insert   end insert An official record of conviction certified in accordance
with subdivision (a) of Section 1530, or an electronically digitized
copy thereof, is admissible begin delete pursuant to end delete begin insert under end insert Section 1280 to prove
the commission, attempted commission, or solicitation of a criminal
offense, prior conviction, service of a prison term, or other act,
condition, or event recorded by the record.

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(2) For purposes of this subdivision, “electronically digitized
copy” means a copy that is made by scanning, photographing, or
otherwise exactly reproducing a document, is stored or maintained
in a digitized format, and bears an electronic signature or
watermark unique to the entity responsible for certifying the
document.

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SEC. 3.  

Section 1284 of the Evidence Code is amended to read:

1284.  

Evidence of a writing, including an electronically
digitized copy thereof, made by the public employee who is the
official custodian of the records in a public office, reciting a
diligent search and failure to find a record, is not made inadmissible
by the hearsay rule when offered to prove the absence of a record
in that office.

SEC. 4.  

Section 1452 of the Evidence Code is amended to read:

1452.  

A seal, including an electronically digitized copy thereof,
is presumed to be genuine and its use authorized if it purports to
be the seal of:

(a) The United States or a department, agency, or public
employee of the United States.

(b) A public entity in the United States or a department, agency,
or public employee of such public entity.

(c) A nation recognized by the executive power of the United
States or a department, agency, or officer of such nation.

(d) A public entity in a nation recognized by the executive power
of the United States or a department, agency, or officer of such
public entity.

(e) A court of admiralty or maritime jurisdiction.

(f) A notary public within any state of the United States.

SEC. 5.  

Section 1453 of the Evidence Code is amended to read:

1453.  

A signature, including an electronically digitized copy
thereof, is presumed to be genuine and authorized if it purports to
be the signature, affixed in his official capacity, of:

(a) A public employee of the United States.

(b) A public employee of any public entity in the United States.

(c) A notary public within any state of the United States.

SEC. 6.  

Section 1530 of the Evidence Code is amended to read:

1530.  

(a) A purported copy, including an electronically
digitized copy, of a writing in the custody of a public entity, or of
an entry in such a writing, is prima facie evidence of the existence
and content of such writing or entry if:

(1) The copy purports to be published by the authority of the
nation or state, or public entity therein in which the writing is kept;

(2) The office in which the writing is kept is within the United
States or within the Panama Canal Zone, the Trust Territory of the
Pacific Islands, or the Ryukyu Islands, and the copy is attested or
certified as a correct copy of the writing or entry by a public
employee, or a deputy of a public employee, having the legal
custody of the writing; or

(3) The office in which the writing is kept is not within the
United States or any other place described in paragraph (2) and
the copy is attested as a correct copy of the writing or entry by a
person having authority to make attestation. The attestation must
be accompanied by a final statement certifying the genuineness of
the signature and the official position of (i) the person who attested
the copy as a correct copy, or (ii) any foreign official who has
certified either the genuineness of the signature and official position
of the person attesting the copy or the genuineness of the signature
and official position of another foreign official who has executed
a similar certificate in a chain of such certificates beginning with
a certificate of the genuineness of the signature and official position
of the person attesting the copy. Except as provided in the next
sentence, the final statement may be made only by a secretary of
an embassy or legation, consul general, consul, vice consul, or
consular agent of the United States, or a diplomatic or consular
official of the foreign country assigned or accredited to the United
States. Prior to January 1, 1971, the final statement may also be
made by a secretary of an embassy or legation, consul general,
consul, vice consul, consular agent, or other officer in the foreign
service of the United States stationed in the nation in which the
writing is kept, authenticated by the seal of his office. If reasonable
opportunity has been given to all parties to investigate the
authenticity and accuracy of the documents, the court may, for
good cause shown, (i) admit an attested copy without the final
statement, or (ii) permit the writing or entry in foreign custody to
be evidenced by an attested summary with or without a final
statement.

(b) The presumptions established by this section are
presumptions affecting the burden of producing evidence.

SEC. 7.  

Section 1531 of the Evidence Code is amended to read:

1531.  

For the purpose of evidence, whenever a copy of a
writing is attested or certified, the attestation or certificate must
state in substance that the copy is a correct copy of the original,
or of a specified part thereof, as the case may be. An electronically
digitized copy of an attested or certified copy is admissible to the
same extent as an attested or certified copy.

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