BILL NUMBER: AB 432 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 25, 2015
AMENDED IN ASSEMBLY MARCH 17, 2015
INTRODUCED BY Assembly Member Chang
(Coauthors: Assembly Members Maienschein , Obernolte,
and Patterson)
FEBRUARY 19, 2015
An act to amend Sections 17, 581d, 582, and 1003
Section 17 of , and to add Section 34 to,
the Code of Civil Procedure, relating to civil procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 432, as amended, Chang. Civil procedure: electronic signatures.
(1) Existing
Existing law provides definitions for particular terms
used within the Code of Civil Procedure, including the terms
"signature" or "subscription," which are defined to include a mark of
a person, when the person cannot write, with his or her name being
written near it by a person who writes his or her own name as a
witness, as specified.
This bill would provide that the terms "signature" or
"subscription" would also include an electronic signature, defined as
include "electronic signature" to the list of defined
terms, and would define it to mean an electronic sound,
symbol, or process attached to or logically associated with an
electronic record and executed or adopted by a person with the intent
to sign the electronic record. The bill would also provide that
an electronic signature by a court or judicial officer would be as
effective as an original signature.
(2) Existing law provides, in a dismissal of an action by a court,
that the court is required to sign a written order and file the
order in the action, which constitutes a judgment that is effective
for all purposes. In all other cases, existing law provides that
judgment is required to be rendered on the merits.
This bill would require all judgments to be signed by the court,
and would provide that an electronic signature is effective as an
original signature.
The bill also would include technical changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17 of the Code of Civil Procedure is amended to
read:
17. (a) Words used in this code in the present tense include the
future as well as the present. Words used in the masculine gender
include the feminine and neuter. The singular number includes the
plural and the plural number includes the singular.
(b) As used in this code, the following words have the following
meanings, unless otherwise apparent from the context:
(1) "Affinity" signifies the connection existing in consequence of
marriage, between each of the married persons and the blood
relatives of the other when applied to the marriage relation.
(2) "County" includes "city and county."
(3) "Electronic signature" means an electronic sound, symbol, or
process attached to or logically associated with an electronic record
and executed or adopted by a person with the intent to sign the
electronic record.
(3)
(4) "Month" means a calendar month, unless otherwise
expressed.
(4)
(5) "Oath" includes an affirmation or declaration.
(A) "Depose" includes any written statement made under oath or
affirmation.
(B) "Testify" includes any mode of oral statement made under oath
or affirmation.
(5)
(6) "Person" includes a corporation as well as a
natural person.
(6)
(7) "Process" signifies a writ or summons issued in the
course of a judicial proceeding.
(7)
(8) "Property" includes both personal and real
property.
(A) "Personal property" includes money, goods, chattels, things in
action, and evidences of debt.
(B) "Real property" is coextensive with lands, tenements, and
hereditaments.
(8)
(9) "Section" refers to a section of this code, unless
some other code or statute is expressly mentioned.
(9)
(10) "Sheriff" includes marshal.
(10)
(11) "Signature" or "subscription" includes
both of the following: a mark of a person's
name, if the person cannot write, with his or her name being written
near it by a person who writes his or her own name as a witness. In
order that a mark may be acknowledged or serve as the signature to
any sworn statement, it shall be witnessed by two persons who shall
subscribe their own names as witnesses thereto.
(A) An electronic signature, which is an electronic sound, symbol,
or process attached to or logically associated with an electronic
record and executed or adopted by a person with the intent to sign
the electronic record.
(B) A mark of a person's name, if the person cannot write, with
his or her name being written near it by a person who writes his or
her own name as a witness. In order that a mark may be acknowledged
or serve as the signature to any sworn statement, it shall be
witnessed by two persons who shall subscribe their own names as
witnesses thereto.
(11)
(12) "State" includes the District of Columbia and the
territories when applied to the different parts of the United States,
and the words "United States" may include the district and
territories.
(12)
(13) "Will" includes codicil.
(13)
(14) "Writ" means an order or precept in writing,
issued in the name of the people, or of a court or judicial officer.
(14)
(15) "Writing" includes printing and typewriting.
SEC. 2. Section 581d of the Code of Civil
Procedure is amended to read:
581d. (a) A written dismissal of an action shall be entered in
the clerk's register and is effective for all purposes when so
entered.
(b) All dismissals ordered by the court shall be in the form of a
written order signed by the court and filed in the action, and shall
constitute judgments that are effective for all purposes. An
electronic signature by the court shall be effective as an original
signature. The clerk shall note the judgments in the register of
actions in the case.
SEC. 3. Section 582 of the Code of Civil
Procedure is amended to read:
582. In all other cases, judgment shall be rendered on the
merits. The judgment shall be signed by the court. An electronic
signature by the court shall be effective as an original signature.
SEC. 4. Section 1003 of the Code of Civil
Procedure is amended to read:
1003. (a) Every direction of a court or judge, made or entered in
writing, and not included in a judgment, is denominated an order. An
application for an order is a motion.
(b) If any provision of this code requires the court to sign an
order, an electronic signature shall be effective as an original
signature.
SEC. 2. Section 34 is added to the Code
of Civil Procedure , to read:
34. An electronic signature, as defined in Section 17, by a court
or judicial officer shall be as effective as an original signature.