Joel Anderson
- Republican
Author
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.
Chaptered by Secretary of State. Chapter 85, Statutes of 2016.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 4653.) Ordered to engrossing and enrolling.
Ordered to special consent calendar.
Read third time. Passed. (Ayes 78. Noes 0. Page 5402.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 9. Noes 0.) (June 8).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 3631.) Ordered to the Assembly.
Read second time and amended. Ordered to consent calendar.
From committee: Do pass as amended. Ordered to consent calendar. (Ayes 6. Noes 0. Page 3520.) (April 12).
Set for hearing April 12.
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.
Set for hearing March 29.
From printer. May be acted upon on or after March 19.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB1087 | HTML |
| 02/17/16 - Introduced | |
| 04/19/16 - Amended Senate | |
| 05/26/16 - Amended Assembly | |
| 07/05/16 - Enrolled | |
| 07/22/16 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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