BILL ANALYSIS Ó AB 2427 Page 1 Date of Hearing: May 18, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair AB 2427 (Chau) - As Amended May 4, 2016 ----------------------------------------------------------------- |Policy |Judiciary |Vote:|10 - 0 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill streamlines the use of postmortem images in civil actions and ensures timely production of expert witness reports before depositions. Specifically, this bill: 1)Authorizes the use of postmortem images in a civil action or proceeding that relates to the death of the deceased person, if: a) A coroner receives written authorization from a legal AB 2427 Page 2 heir or representative of the deceased person before the action is filed or while the action is pending. To verify identity, one of the following must be provided to the coroner: (1) a declaration under penalty of perjury that the individual is a legal heir or representative, and a valid form of identification; or (2) 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. 2)Requires 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. FISCAL EFFECT: Likely negligible fiscal impact related to enforcement of the requirement to provide documentation under penalty of perjury. COMMENTS: Postmortem Images. Under current law, the only path for civil litigants to obtain postmortem images is through a court order. This bill would allow a legal heir or representative to obtain postmortem images from the coroner by either validating their identity as a legal heir or representative, or by subpoena. Expert Witness Reports. This bill requires expert witnesses to AB 2427 Page 3 provide their reports and writings at least three days before a deposition. This is intended to provide time for the attorneys to review the documents in preparation of the expert's deposition, thus encouraging more efficient depositions, which may reduce litigation costs for all parties. This bill, co-sponsored by the Consumer Attorneys of California and the California Defense Counsel, represents an effort between the civil plaintiffs' and defense bar to jointly sponsor civil procedure legislation that creates efficiencies in civil litigation and improves the process for litigants, attorneys, and the courts. Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081