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 a declaration under penalty of perjury, a valid form of identification, 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.
bill would require
begin delete thatend delete any materials or category of materials, including any electronically stored information, begin delete and any discoverable reports and
writings of an expert trial witness, demanded to be produced in the deposition notice be producedend delete no later than 3 business days before begin delete theend delete 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 129 of the Code of Civil Procedure is
2amended to read:
(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
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
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
21(A) The coroner receives written authorization from a legal heir
22or representative of that person before the action is filed or while
23the action is pending. To verify the identity of the legal heir or
24representative, all of the following shall be provided to the coroner:
25(i) A declaration under penalty of perjury that the individual is
26a legal heir or representative of the deceased person.
27(ii) A valid form of identification.
28(iii) A certified death certificate.
29(B) A subpoena is issued by a party who is a legal heir or
30representative of the deceased person in a pending civil action.
31(b) This section shall not apply to the making or dissemination
32of a copy, reproduction, or facsimile for use in the field of forensic
33pathology, in medical or scientific education or research, or by a
34coroner or any law enforcement agency in the United States for
35investigative purposes, including identification and identification
P4 1(c) This section shall apply to a copy,
reproduction, or facsimile,
2and to a photograph, negative, or print, regardless of when it was
4(d) A coroner is not personally liable for monetary damages in
5a civil action for any act or omission in compliance with this
(a) The service of a deposition notice under Section
102025.240 is effective to require any deponent who is a party to the
11action or an officer, director, managing agent, or employee of a
12party to attend and to testify, as well as to produce any document,
13electronically stored information, or tangible thing for inspection
15(b) The attendance and testimony of any other deponent, as well
16as the production by the deponent of any document, electronically
17stored information, or tangible thing for inspection and copying,
18requires the service on the deponent of a deposition subpoena
19under Chapter 6 (commencing with Section 2020.010).
Section 2034.415 is added to the Code of Civil
27Procedure, to read:
begin deleteAny materials or category of materials, including
29any electronically stored information, and any discoverable reports
30and writings of an expert trial witness, demanded to be produced
31in the deposition notice shall be produced no later than three
32business days before the deposition of the expert trial witness.end delete
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P5 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California