BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1087|
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CONSENT
Bill No: SB 1087
Author: Anderson (R)
Amended: 4/19/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 3/29/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE JUDICIARY COMMITTEE: 6-0, 4/12/16
AYES: Jackson, Moorlach, Hertzberg, Leno, Monning, Wieckowski
NO VOTE RECORDED: Anderson
SUBJECT: Evidence: production of business records
SOURCE: California District Attorneys Association
DIGEST: This bill provides for the admissibility of business
documents produced by search warrant.
ANALYSIS:
Existing law:
1)Provides that if the original records would be admissible in
evidence if the custodian or other qualified witness had been
present and testified in matters stated in an affidavit
accompanying copies of business records then the affidavit is
admissible as evidence of the matters state therein and are
presumed to be true. (Evidence Code § 1562)
2)Provides that when a subpoena duces tecum is served upon the
custodian of records of a business in an action in which the
business is neither a party nor the place where the action is
alleged to have taken place, it is sufficient compliance if
SB 1087
Page 2
the custodian delivers by mail or otherwise a true, legible
and durable copy of all the records described in the subpoena
to the clerk of the court together with an affidavit within
five days of receipt. (Evidence Code §1560)
3)Provides what shall be in an affidavit accompanying records
submitted by a business in response to a subpoena duces tecum.
(Evidence Code §1561)
This bill in addition provides that if a search warrant for
business records is served upon the custodian of records in an
action or investigation in which the business is neither a party
nor the place where any cause of action is alleged to have
arisen, the warrant will be deemed executed if the business
cause the delivery of records described in the warrant to the
law enforcement agency if the custodian delivers by mail or
otherwise a true, legible, and durable copy of all the records
described in the search warrant, together with an affidavit
within five days or within such other time as set forth in the
warrant.
Background
Business records that are submitted in a case pursuant to a
subpoena duces tecum and accompanied by the appropriate
affidavit are admissible in the criminal or civil case for which
they were requested. However, since a subpoena dusces tecum can
only be used once a case is filed, law enforcement will use a
search warrant to seek documents while in the investigative
stage of the case and those documents are not admissible under
existing law, even though their veracity is identical to those
submitted by subpoena. Because they are inadmissible, law
enforcement must either get the custodian of record to testify
in court as to the veracity of the documents or make a second
request for the same documents with a subpoena duces tecum and
thereby get another copy of the documents with the appropriate
affidavit. This bill provides that documents submitted in
response to a search warrant, with the appropriate affidavit,
are admissible in the same manner as those documents submitted
in response to a subpoena duces tecum.
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Page 3
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified 4/20/16)
California District Attorneys Association (source)
Alameda County District Attorney's Office
California Police Chiefs Association
Santa Clara District Attorney
OPPOSITION: (Verified 4/20/16)
None received
Prepared by: Mary Kennedy / PUB. S. /
4/20/16 16:06:02
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