BILL NUMBER: AB 2427	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 28, 2016
	AMENDED IN ASSEMBLY  MAY 4, 2016
	AMENDED IN ASSEMBLY  APRIL 12, 2016

INTRODUCED BY   Assembly Member Chau

                        FEBRUARY 19, 2016

   An act to amend Section 129 of, and to add Section 2034.415 to,
the Code of Civil Procedure, relating to civil procedure.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2427, as amended, Chau. Civil Procedure: discovery.
   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 post mortem 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 post mortem 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 (1) 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 and
the legal heir or representative provides to the coroner 
either  a declaration under penalty of  perjury and
  perjury,  a valid form of identification,
 or   and  a certified death certificate,
or (2) if a subpoena is issued by a party who is a legal heir or
representative of the deceased person in a pending civil action. By
expanding the scope of the crime of perjury, the bill would impose a
state-mandated local program.
   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.
   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.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 129 of the Code of Civil Procedure is amended
to read:
   129.  (a) Notwithstanding any other law, 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 post mortem examination or
autopsy, shall not be made or disseminated except as follows:
   (1) For use in a criminal action or proceeding in this state that
relates to the death of that person.
   (2) As a court of this state 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 five days before the order is
made, upon the district attorney of the county in which the post
mortem examination or autopsy has been made or caused to be made.
   (3) For use or potential use in a civil action or proceeding in
this state that relates to the death of that person, if either of the
following applies:
   (A) The coroner receives written authorization from a legal heir
or representative of that person before the action is filed or while
the action is pending. To verify the identity of the legal heir or
representative,  either   all  of the
following shall be provided to the coroner:
   (i) A declaration under penalty of perjury that the individual is
a legal heir or representative of the deceased  person and a
valid form of identification.   person.  
   (ii) A valid form of identification.  
   (ii) 
    (iii)  A certified death certificate.
   (B) A subpoena is issued by a party who is a legal heir or
representative of the deceased person in a pending civil action.
   (b) This section shall not apply to the making or dissemination of
a copy, reproduction, or facsimile for use in the field of forensic
pathology, in medical or scientific education or research, or by a
coroner or any law enforcement agency in the United States for
investigative purposes, including identification and identification
confirmation.
   (c) This section shall apply to a copy, reproduction, or
facsimile, and to a photograph, negative, or print, regardless of
when it was made.
   (d) A coroner is not personally liable for monetary damages in a
civil action for any act or omission in compliance with this section.

  SEC. 2.  Section 2034.415 is added to the Code of Civil Procedure,
to read:
   2034.415.  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 shall be produced no later than three business days
before the deposition of the expert trial witness.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.