BILL NUMBER: AB 432	CHAPTERED
	BILL TEXT

	CHAPTER  32
	FILED WITH SECRETARY OF STATE  JUNE 30, 2015
	APPROVED BY GOVERNOR  JUNE 30, 2015
	PASSED THE SENATE  JUNE 18, 2015
	PASSED THE ASSEMBLY  APRIL 9, 2015
	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 Section 17 of, and to add Section 34 to, the Code
of Civil Procedure, relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 432, Chang. Civil procedure: electronic signatures.
   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 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.
   The bill also would include technical changes to these provisions.



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.
   (4) "Month" means a calendar month, unless otherwise expressed.
   (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.
   (6) "Person" includes a corporation as well as a natural person.
   (7) "Process" signifies a writ or summons issued in the course of
a judicial proceeding.
   (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.
   (9) "Section" refers to a section of this code, unless some other
code or statute is expressly mentioned.
   (10) "Sheriff" includes marshal.
   (11) "Signature" or "subscription" includes 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.
   (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.
   (13) "Will" includes codicil.
   (14) "Writ" means an order or precept in writing, issued in the
name of the people, or of a court or judicial officer.
   (15) "Writing" includes printing and typewriting.
  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.