BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 378|
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THIRD READING
Bill No: SB 378
Author: Block (D)
Amended: 4/2/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/9/13
AYES: Hancock, Anderson, Block, De Le�n, Knight, Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Official record of conviction: admissibility of
electronically digitized copy
SOURCE : San Diego District Attorney's Office
DIGEST : This bill authorizes the use of electronically
digitized documents as evidence in situations where documents or
records can be admitted.
ANALYSIS :
Existing law:
1.The "Electronic Discovery Act" establishes procedures for
parties to discover electronically stored information from
opposing parties for use as evidence in state court actions.
2.Provides that judicial notice may be taken of the specified
matters including official acts of the legislative, executive
and judicial departments of the United States and any state of
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the United States and records of any court of this state, any
other state or the United States.
3.Provides that an official certified record of conviction is
admissible 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.
This bill:
1.Provides that "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.
2.Adds that an electronically digitized copy of the record is
also admissible.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/23/13)
San Diego District Attorney's Office (source)
California District Attorneys Association
San Mateo County Board of Supervisors
ARGUMENTS IN SUPPORT :
According to the author:
Prosecutors need court-certified copies of prior
convictions in many cases, both to verify that charges are
to be brought, and then to prove those charges at trial.
These court-certified copies are taking longer to receive,
despite the statutorily mandated time for bringing charged
defendants to hearing. Court staff budget cuts make the
processing of these requests onerous and time-consuming, as
well as expensive.
SB 378 will authorize the use of electronically digitized
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copies of prior convictions as admissible evidence to the
same extent as the original record or a certified copy.
This bill will result in cost savings and will decrease the
processing time due to the increased efficiency and speed
with which items can be digitally scanned and emailed.
JG:ej 4/23/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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