BILL NUMBER: SB 1489	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 26, 2012
	AMENDED IN ASSEMBLY  JUNE 11, 2012
	AMENDED IN SENATE  APRIL 26, 2012

INTRODUCED BY   Senator Harman

                        FEBRUARY 24, 2012

   An act to amend Section 68151 of the Government Code, and to amend
Section 1417.1 of the Penal Code, relating to courts.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1489, as amended, Harman. Courts: management and destruction of
trial court exhibits.
   Existing law provides that, for purposes of specified provisions
governing the management of trial court records, a "court record"
consists of, among other things, administrative records filed in an
action or proceeding, depositions, paper exhibits, transcripts, and
recordings of electronically recorded proceedings, as specified.
   This bill would delete paper exhibits from the definition of
"court record" for these purposes.
   Existing law authorizes the court  clerk  of
the court  to distribute or dispose of exhibits that have been
introduced or filed in any criminal action or proceeding after the
final determination of the action or proceeding, as specified. In
cases where the death penalty is imposed, existing law prohibits a
court from ordering the destruction of an exhibit until 30 days after
the date of execution of sentence.
   This bill would permit a court to order the destruction of
exhibits, in cases where the death penalty is imposed, 30 days after
the execution of sentence or  the death of   ,
when  the defendant  dies  while awaiting execution
 , one year after the date of the defendant's death  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 68151 of the Government Code is amended to
read:
   68151.  The following definitions apply to this chapter:
   (a) "Court record" shall consist of the following:
   (1) All filed papers and documents in the case folder, but if no
case folder is created by the court, all filed papers and documents
that would have been in the case folder if one had been created.
   (2) Administrative records filed in an action or proceeding,
depositions, transcripts, including preliminary hearing transcripts,
and recordings of electronically recorded proceedings filed, lodged,
or maintained in connection with the case, unless disposed of earlier
in the case pursuant to law.
   (3) Other records listed under subdivision (j) of Section 68152.
   (b) "Notice of destruction and no transfer" means that the clerk
 of the court  has given notice of destruction of the
superior court records open to public inspection, and that there is
no request and order for transfer of the records as provided in the
California Rules of Court.
   (c) "Final disposition of the case" means that an acquittal,
dismissal, or order of judgment has been entered in the case or
proceeding, the judgment has become final, and no postjudgment
motions or appeals are pending in the case or for the reviewing court
upon the mailing of notice of the issuance of the remittitur.
   In a criminal prosecution, the order of judgment shall mean
imposition of sentence, entry of an appealable order (including, but
not limited to, an order granting probation, commitment of a
defendant for insanity, or commitment of a defendant as a narcotics
addict appealable under Section 1237 of the Penal Code), or
forfeiture of bail without issuance of a bench warrant or calendaring
of other proceedings.
   (d) "Retain permanently" means that the court records shall be
maintained permanently according to the standards or guidelines
established pursuant to subdivision (c) of Section 68150.
  SEC. 2.  Section 1417.1 of the Penal Code is amended to read:
   1417.1.  No order shall be made for the destruction of an exhibit
prior to the final determination of the action or proceeding. For the
purposes of this chapter, the date when a criminal action or
proceeding becomes final is as follows:
   (a) When no notice of appeal is filed, 30 days after the last day
for filing that notice.
   (b) When a notice of appeal is filed, 30 days after the date the
clerk of the court receives the remittitur affirming the judgment.
   (c) When an order for a rehearing, a new trial, or other
proceeding is granted and the ordered proceedings have not been
commenced within one year thereafter, one year after the date of that
order.
   (d)  (1)    In cases where the death penalty is
imposed, 30 days after the date of execution of sentence  or
the death of the defendant while awaiting execution  . 
   (2) In cases where the death penalty is imposed and the defendant
dies while awaiting execution, one year after the date of the
defendant's death.