Bill Text: CA SB326 | 2011-2012 | Regular Session | Amended
Bill Title: Court records: public access.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2011-09-01 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. [SB326 Detail]
Download: California-2011-SB326-Amended.html
BILL NUMBER: SB 326 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 1, 2011
AMENDED IN ASSEMBLY AUGUST 22, 2011
AMENDED IN SENATE MAY 10, 2011
AMENDED IN SENATE APRIL 25, 2011
INTRODUCED BY Senator Yee
(Coauthor: Assembly Member Dickinson)
FEBRUARY 14, 2011
An act to add Chapter 1.45 (commencing with Section 68180) to
Title 8 of the Government Code, relating to courts.
LEGISLATIVE COUNSEL'S DIGEST
SB 326, as amended, Yee. Court records: public access.
Existing law requires the Judicial Council to adopt rules of court
to establish the standards and guidelines for the creation,
maintenance, reproduction, and preservation of court records, and
requires that these standards and guidelines reflect industry
standards for each medium used, ensure the accuracy and preserve the
integrity of the records, and ensure that the public can access and
reproduce the records. Specifically, unless access is otherwise
restricted by law, court records created, maintained, preserved, or
reproduced under specified provisions are required to be made
reasonably accessible to all members of the public for viewing and
duplication, and electronic court records must be viewable at the
court, whether or not they are accessible remotely. Additionally,
rules of court require courts to provide public access to electronic
records, as specified.
This bill would require the Judicial Council, in consultation with
stakeholder groups, and within 18 months of the date of enactment of
this act, to adopt a rule of court to require courts to provide the
public with same-day access to case-initiating civil and criminal
court records, as defined, at no cost to the requester,
for viewing at the courthouse. The bill would require the
rule to allow a court to charge a nominal fee for providing a copy of
these records.
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. The Legislature finds and declares all of the
following:
(a) Timely public access to court records and documents as public
documents is an important right and necessity for an informed
citizenry.
(b) The use of new electronic technologies for filing court
actions and modernizing access to court records can, while intended
to streamline and improve court functions and public access to court
records, actually result in delays in access to court documents.
(c) Delays in public access to court documents and filings should
be minimized, therefore ensuring free flow of public information in a
timely and cost-effective manner.
(d) Delays in public access to case-initiating documents have a
special significance because those documents are the means by which
the public becomes aware that the powers of the judiciary have been
invoked with respect to a particular controversy or crime. However,
the use of electronic technologies for filing court actions and
modernizing access to court records have in many instances had the
unintended consequence of increasing delays in access to those
case-initiating court records.
(e) It is the intent of the Legislature to ensure, as California's
courts move forward to implement various electronic filing and other
technologies, that case-initiating documents, as well as other court
filings and documents, continue to be available to the public on a
timely basis.
SEC. 2. Chapter 1.45 (commencing with Section 68180) is added to
Title 8 of the Government Code, to read:
CHAPTER 1.45. ACCESS TO CASE-INITIATING TRIAL COURT RECORDS
68180. The following definitions apply to this chapter:
(a) (1) "Case-initiating civil and criminal court records" means
all of the following:
(A) Any complaint or petition in an unlimited civil case, as
defined in Section 88 of the Code of Civil Procedure.
(B) Any writ petition, as provided for in Title 1 (commencing with
Section 1067) of Part 3 of the Code of Civil Procedure.
(C) Any indictment, information, or complaint in felony and
misdemeanor criminal actions.
(2) "Case-initiating civil and criminal court records" includes
both electronic and nonelectronic records.
(3) For the purposes of this chapter, "case-initiating civil and
criminal court records" does not include records that are sealed or
proposed to be sealed by court order and are confidential in
accordance with Rules 2.550 and 2.551 of the California Rules of
Court, or that are otherwise made confidential by law, including, but
not limited to, juvenile court records made confidential by Section
827 of the Welfare and Institutions Code, Child Support Case Registry
Forms, as developed by the Judicial Council pursuant to Section 4014
of the Family Code, adoption records made confidential by Section
9200 of the Family Code, pleadings in child custody proceedings
containing information made confidential by Section 3429 of the
Family Code, determination of parentage records made confidential by
Section 7643 of the Family Code, child and spousal support
enforcement program records made confidential by Section 17212 of the
Family Code, or any other case-initiating document that is
confidential by law.
(b) "Public" means an individual, a group, or an entity,
including, but not limited to, the print or electronic media, or the
representative of an individual, group, or entity.
68181. (a) The Judicial Council, in consultation with stakeholder
groups, shall adopt, within 18 months of the date of enactment of
the act adding this section, a rule or rules of court to require
courts to provide the public with same-day access to case-initiating
civil and criminal court records , at no cost to the requester,
for viewing at the courthouse. To the extent possible and
practicable, the rule or rules shall provide for same-day access to
those records that are received by the court within 30 minutes of the
court closing for that day. However, in no case shall these records
be made available later than 60 minutes after the court opens the
next court day.
(b) The rule or rules shall allow a court to charge a nominal fee
for providing a copy of these records, if a copy is requested at the
courthouse.
(c)
(b) The Legislature specifically recognizes the
importance of timely access not just to case-initiating civil and
criminal court records, but to all court records and documents.
Nothing in this statute or in the rule or rules of court to be
adopted pursuant to this statute may be construed to limit or
otherwise negatively affect the public's right of timely access to
court records as a general matter.
