Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2427


Introduced by Assembly Member Chau

February 19, 2016


An act to amend Section 129begin delete ofend deletebegin insert of, and to add Section 2034.415 to,end insert the Code of Civil Procedure, relating tobegin delete courts.end deletebegin insert civil procedure.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2427, as amended, Chau. begin deletePostmortem photographs. end deletebegin insertCivil Procedure: discovery.end insert

Existing law generally prohibits a copy, reproduction, or facsimile of any kind of a photograph, negative, or print, including instant photographs and video recordings, of the body, or any portion of the body, of a deceased person, taken by or for the coroner at the scene of death or in the course of a postmortem examination or autopsy, from being made or disseminated. This prohibition does not apply for use in a criminal action or proceeding in this state that relates to the death of that person, or as a court permits, by order after good cause has been shown and after written notification of the request for the court order has been served, at least 5 days before the order is made, upon the district attorney of the county in which the postmortem examination or autopsy has been made or caused to be made.

This bill would additionally authorize the making or dissemination of a copy, reproduction, or facsimile described above for use or potential use in a civil action or proceeding that relates to the death of the deceased person if the coroner receives written authorization from a legal heir or representative of the deceased person before the action is filed or while the action is pending, or if a subpoena is issued in a pending civil action.

begin insert

Existing law authorizes any party, after the setting of the initial trial date for an action, to demand the simultaneous exchange by all parties of lists containing the names and addresses of any persons expected to provide expert opinion testimony at the trial. Existing law also provides that a demand for an exchange of expert witness lists may include a demand for the production of discoverable reports and writings made by the listed expert witnesses. Existing law authorizes a party, to depose any expert disclosed in an expert witness list.

end insert
begin insert

This bill would require that any materials or category of materials, including any electronically stored information, and any discoverable reports and writings of an expert trial witness, demanded to be produced in the deposition notice be produced no later than 3 business days before the deposition.

end insert

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

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

P2    1

SECTION 1.  

Section 129 of the Code of Civil Procedure is
2amended to read:

3

129.  

(a) Notwithstanding any other law, a copy, reproduction,
4or facsimile of any kind of a photograph, negative, or print,
5including instant photographs and video recordings, of the body,
6or any portion of the body, of a deceased person, taken by or for
7the coroner at the scene of death or in the course of a post mortem
8examination or autopsy, shall not be made or disseminated except
9as follows:

10(1) For use in a criminal action or proceeding in this state that
11relates to the death of that person.

12(2) As a court of this state permits, by order after good cause
13has been shown and after written notification of the request for
14the court order has been served, at least five days before the order
15is made, upon the district attorney of the county in which the post
16mortem examination or autopsy has been made or caused to be
17made.

18(3) For use or potential use in a civil action or proceeding in
19this state that relates to the death of that person, if either of the
20following applies:

P3    1(A) The coroner receives written authorization from a legal heir
2or representative of that person before the action is filed or while
3the action is pending.

4(B) A subpoena is issued in a pending civil action.

5(b) This section shall not apply to the making or dissemination
6of a copy, reproduction, or facsimile for use in the field of forensic
7pathology, in medical or scientific education or research, or by a
8coroner or any law enforcement agency in the United States for
9investigative purposes, including identification and identification
10confirmation.

11(c) This section shall apply to a copy, reproduction, or facsimile,
12and to a photograph, negative, or print, regardless of when it was
13made.

14(d) A coroner is not personally liable for monetary damages in
15a civil action for any act or omission in compliance with this
16section.

17begin insert

begin insertSEC. 2end insertbegin insert.end insert  

end insert

begin insertSection 2034.415 is added to the end insertbegin insertCode of Civil
18Procedure
end insert
begin insert, to read:end insert

begin insert
19

begin insert2034.415.end insert  

Any materials or category of materials, including
20any electronically stored information, and any discoverable reports
21and writings of an expert trial witness, demanded to be produced
22in the deposition notice shall be produced no later than three
23business days before the deposition of the expert trial witness.

end insert


O

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