California 2015-2016 Regular Session Status: Enacted

SB 1087 — Evidence: production of business records.

Last action — Chaptered by Secretary of State. Chapter 85, Statutes of 2016.

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

This bill has been enacted into law. Introduced February 17, 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 provides that when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in a criminal action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness, within 5 days after the receipt of the subpoena or within a time otherwise agreed upon, delivers a copy of all the records described in the subpoena to the clerk of the court, the judge, or another person, as specified. Existing law requires that the records be accompanied with an affidavit from the custodian attesting to specified information. Existing law also provides for the service of search warrants for the seizure of business records, as specified. This bill would authorize a custodian of business records to comply with a search warrant for certain business records by delivering a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, if the warrant provides for compliance in that manner. The bill would require that the records be delivered within 5 days of receipt of the search warrant or such other time as is specified in the search warrant. The bill would require that the records be accompanied by an affidavit of the custodian of records attesting to the same information that is required with respect to a subpoena duces tecum. Existing law authorizes all reasonable costs, as specified, incurred by a nonparty witness to be charged against the party serving the subpoena duces tecum. This bill would make technical, nonsubstantive changes to those provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 85, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4653.) Ordered to engrossing and enrolling.

  5. Ordered to special consent calendar.

  6. In Senate. Concurrence in Assembly amendments pending.

  7. Read third time. Passed. (Ayes 78. Noes 0. Page 5402.) Ordered to the Senate.

  8. Read second time. Ordered to consent calendar.

  9. From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0.) (June 8).

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  11. Referred to Com. on JUD.

  12. In Assembly. Read first time. Held at Desk.

  13. Read third time. Passed. (Ayes 39. Noes 0. Page 3631.) Ordered to the Assembly.

  14. Read second time and amended. Ordered to consent calendar.

  15. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 6. Noes 0. Page 3520.) (April 12).

  16. Set for hearing April 12.

  17. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3314.) (March 29). Re-referred to Com. on JUD.

  18. Set for hearing March 29.

  19. Referred to Coms. on PUB. S. and JUD.

  20. From printer. May be acted upon on or after March 19.

  21. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Anderson · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Anderson

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

Special Consent #

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 3000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Lara — Yea
Leyva — Yea
Mendoza — Not Voting
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Glazer — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Block — Yea
Hernandez — Yea
Hertzberg — Yea
Hill — Yea
Leno — Yea
Pan — Yea
Runner — Not Voting
Hancock — Yea
Hueso — Yea
Beall — Yea
Huff — Yea
Liu — Yea
Monning — Yea
Wieckowski — Yea
Wolk — Not Voting
Hall — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

SB 1087 Anderson Consent Calendar Second Day

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 68002
Democratic 5000
Republican 5000
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Wagner — Yea
Wilk — Yea
Eggman — Yea
Cooper — Yea
Frazier — Yea
Gatto — Yea
Burke — Yea
Chang — Yea
Salas — Yea
Gomez — Yea
Gordon — Yea
Harper — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Weber — Yea
Williams — Yea
Gray — Yea
Atkins — Yea
Bonilla — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Campos — Yea
Chávez — Yea
Medina — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Melendez — Yea
Santiago — Yea
Ting — 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 — Not Voting
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

Do pass. To Consent Calendar.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Holden — Yea
Ting — Yea
Wagner — Yea
Burke — Yea
Chau — Yea
Chiu — Yea
Maienschein — Not Voting
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Yea

Consent Calendar 2nd

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Bates — Yea
Block — Yea
Hill — Yea
Liu — Yea
Monning — Yea
Moorlach — Yea
Vidak — Yea
Wolk — Yea
Cannella — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hernandez — Yea
Allen — Yea
Lara — Yea
Mitchell — Yea
De León — Yea
Anderson — Yea
Leno — Yea
Pan — Yea
Runner — Not Voting
Hall — Yea
Hancock — Yea
Hertzberg — Yea
Hueso — Yea
Huff — Yea
Leyva — Yea
Beall — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Do pass as amended, and be ordered to the Consent Calendar

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 5001
Democratic 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Anderson — Not Voting
Moorlach — Yea
Hertzberg — Yea
Leno — Yea
Monning — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Subjects

public-safety technology
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 SB 1087 do?
Existing law provides that when a subpoena duces tecum is served upon the custodian of records or other qualified witness of a business in a criminal action in which the business is neither a party nor the place where any cause of action is alleged to have arisen, and the subpoena requires the production of all or any part of the records of the business, it is sufficient compliance therewith if the custodian or other qualified witness, within 5 days after the receipt of the subpoena or within a time otherwise agreed upon, delivers a copy of all the records described in the subpoena to the clerk of the court, the judge, or another person, as specified. Existing law requires that the records be accompanied with an affidavit from the custodian attesting to specified information. Existing law also provides for the service of search warrants for the seizure of business records, as specified. This bill would authorize a custodian of business records to comply with a search warrant for certain business records by delivering a true, legible, and durable copy of all of the records described in the search warrant to the law enforcement agency ordered to execute the search warrant, if the warrant provides for compliance in that manner. The bill would require that the records be delivered within 5 days of receipt of the search warrant or such other time as is specified in the search warrant. The bill would require that the records be accompanied by an affidavit of the custodian of records attesting to the same information that is required with respect to a subpoena duces tecum. Existing law authorizes all reasonable costs, as specified, incurred by a nonparty witness to be charged against the party serving the subpoena duces tecum. This bill would make technical, nonsubstantive changes to those provisions.
Who sponsors SB 1087?
SB 1087 is sponsored by Anderson.
What is the current status of SB 1087?
This bill has been enacted into law. Introduced February 17, 2016. Enacted.
Where can I track SB 1087?
Track SB 1087 free on One Click Politics — get push/email alerts when it moves.

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