California 2015-2016 Regular Session Status: Enacted

AB 2427 — Civil Procedure: discovery.

Last action — Chaptered by Secretary of State - Chapter 467, Statutes of 2016.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2016. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 prescribes the procedure for taking oral depositions inside the state and 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 a deponent who is served with a deposition notice or subpoena calling for electronically stored information to provide a means of gaining direct access to, or a translation into a reasonably usable form of, any information that is password protected or otherwise inaccessible. The bill would also require an expert who is served with a deposition notice, as specified, to produce any materials or category of materials, including any electronically stored information, no later than 3 business days before his or her 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.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 467, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6440.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 28 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 5368.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time. Ordered to third reading.

  10. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 21).

  13. Referred to Com. on JUD.

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 5015.)

  16. Ordered to third reading.

  17. From Consent Calendar.

  18. Read second time. Ordered to Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (Ayes 20. Noes 0.) (May 18).

  20. Re-referred to Com. on APPR. pursuant to Joint Rule 10.5.

  21. Read second time. Ordered to third reading.

  22. Read second time and amended. Ordered returned to second reading.

  23. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 3).

  24. Re-referred to Com. on JUD.

  25. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  26. In committee: Hearing postponed by committee.

  27. Referred to Com. on JUD.

  28. Read first time.

  29. From printer. May be heard in committee March 22.

  30. Introduced. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Chau

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 2427 CHAU Concurrence in Senate Amendments

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 69001
Democratic 5000
Republican 5000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Levine — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Cooley — Yea
Daly — Yea
Chau — Yea
Cooper — Yea
Salas — Yea
Linder — Yea
Mayes — Yea
Olsen — Yea
Rodriguez — Yea
Weber — Yea
Williams — Yea
Burke — Yea
Frazier — Not Voting
Gatto — Yea
Gordon — Yea
Campos — Yea
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Gray — Yea
Kim — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Low — Yea
McCarty — Yea
Alejo — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Dababneh — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Wilk — Yea
Wood — Yea
Gomez — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB2427 Chau By Block

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Lara — Yea
Monning — Yea
Pavley — Yea
Roth — Yea
Wolk — Yea
Mitchell — Yea
De León — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Beall — Yea
Huff — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Vidak — Yea
Wieckowski — Yea
Hill — Yea
Allen — Yea
Pan — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

AB 2427 CHAU Assembly Third Reading

Passed 80 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 70000
Democratic 5000
Republican 5000
Total 80000
% of votes cast 100%0%0%0%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Maienschein — Yea
Mathis — Yea
Obernolte — Yea
Olsen — Yea
Ting — Yea
Weber — Yea
Chau — Yea
Eggman — Yea
Cooley — Yea
Daly — Yea
Frazier — Yea
Salas — Yea
Harper — Yea
Linder — Yea
Low — Yea
Chu — Yea
Brown — Yea
Cooper — Yea
Mayes — Yea
Nazarian — Yea
O'Donnell — Yea
Rendon — Yea
Rodriguez — Yea
Williams — Yea
Gatto — Yea
Gomez — Yea
Gordon — Yea
Jones-Sawyer — Yea
Burke — Yea
Kim — Yea
Levine — Yea
Gray — Yea
Atkins — Yea
Chang — Yea
Baker — Yea
Bigelow — Yea
Chiu — Yea
Chávez — Yea
Dababneh — Yea
Dodd — Yea
McCarty — Yea
Melendez — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Thurmond — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Bonilla — Yea
Lopez — Yea
Campos — Yea
Holden — Yea
Medina — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Wood — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass. To Consent Calendar.

Passed 20 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 2000
Republican 2000
Total 20000
% of votes cast 100%0%0%0%
How each member voted (20)
Member Party Vote
Bloom — Yea
Eggman — Yea
Bonilla — Yea
Holden — Yea
Bigelow — Yea
Daly — Yea
Obernolte — Yea
Quirk — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Wood — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 2427 do?
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 prescribes the procedure for taking oral depositions inside the state and 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 a deponent who is served with a deposition notice or subpoena calling for electronically stored information to provide a means of gaining direct access to, or a translation into a reasonably usable form of, any information that is password protected or otherwise inaccessible. The bill would also require an expert who is served with a deposition notice, as specified, to produce any materials or category of materials, including any electronically stored information, no later than 3 business days before his or her 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.
Who sponsors AB 2427?
AB 2427 is sponsored by Chau.
What is the current status of AB 2427?
This bill has been enacted into law. Introduced February 19, 2016. Enacted.
Where can I track AB 2427?
Track AB 2427 free on One Click Politics — get push/email alerts when it moves.

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