BILL NUMBER: AB 1867	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Steinorth

                        FEBRUARY 10, 2016

   An act to amend Sections 1452, 1453, and 1530 of the Evidence
Code, relating to evidence.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1867, as introduced, Steinorth. Evidence: admissibility:
writings.
   Existing law requires a writing to be authenticated before it can
be received in evidence. Existing law defines authentication of a
writing as the introduction of evidence sufficient to sustain a
finding that it is the writing that the proponent of the evidence
claims it is or the establishment of such facts by any other means,
as provided. Under existing law a seal is presumed to be genuine and
its use authorized if it purports to be the seal of certain entities
including, among other, the United States or a department, agency, or
public employee of the United States.
   This bill would provide that this presumption applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a seal.
   Under existing law a signature is presumed to be genuine and
authorized if it purports to be the signature, affixed in his or her
official capacity of a public employee of the United States, a public
employee or any public entity in the United States, or a notary
public within any state of the United States.
   This bill would provide that this presumption applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a signature.
   Under existing law a purported 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,
among other things, the office in which the writing is kept is within
the United States or other specified territory, 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.
   This bill would provide that this presumption applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of an attested or other certified correct copy of a writing
or entry. The bill would also make technical, nonsubstantive 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 1452 of the Evidence Code is amended to read:
   1452.   (a)    A seal is presumed to be genuine
and its use authorized if it purports to be the seal of: 
   (a) 
    (1)  The United States or a department, agency, or
public employee of the United States. 
   (b) 
    (2)  A public entity in the United States or a
department, agency, or public employee of such public entity.

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

   (d) 
    (4)  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) 
    (5)  A court of admiralty or maritime jurisdiction.

   (f) 
    (6)  A notary public within any state of the United
States. 
   (b) The presumption set forth in subdivision (a) applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a seal. 
  SEC. 2.  Section 1453 of the Evidence Code is amended to read:
   1453.   (a)    A signature is presumed to be
genuine and authorized if it purports to be the signature, affixed in
his  or her  official capacity, of: 
   (a) 
    (1)  A public employee of the United States. 
   (b) 
    (2)  A public employee of any public entity in the
United States. 
   (c) 
    (3)  A notary public within any state of the United
States. 
   (b) The presumption set forth in subdivision (a) applies to a
scanned, electronically stored, faxed, photocopied, or other
duplicate of a signature. 
  SEC. 3.  Section 1530 of the Evidence Code is amended to read:
   1530.  (a) A purported 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:   if any of the following apply: 
   (1) The copy purports to be published by the authority of the
nation or state, or public entity  therein   of
the nation or state  in which the writing is  kept;
  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   writing. The presumption
set forth in this paragraph applies to a scanned, electronically
stored, faxed, photocopied, or other duplicate of an attested or
other certified correct copy of a writing or entry. 
   (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)  
(A)  the person who attested the copy as a correct copy or
 (ii)   (B)  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  Before 
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  or her  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)   (A)  admit an
attested copy without the final statement or  (ii) 
 (B)  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.