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SB 926 Writings: electronic media.
BILL NUMBER: SB 926                                       INTRODUCED
02/23/95
                               BILL TEXT

INTRODUCED BY  Senator Calderon

                        FEBRUARY 23, 1995

   An act to amend Section 250 of the Evidence Code and to amend
Section 6252 of the Government Code, relating to evidence.

                      LEGISLATIVE COUNSEL'S DIGEST


   SB 926, as introduced, Calderon.  Writings: electronic media.

   Existing provisions of the Evidence Code define "writing" for
its purposes to mean handwriting, typewriting, printing,
photostating, photographing, and every other means of recording
upon any tangible thing any form of communication or
representation, as specified.
   This bill would include computer data stored on magnetic
media within this definition of "writing."
   Existing law, the California Public Records Act, provides
that public records, including writings, as defined, are open to
inspection by any citizen, as provided.
   This bill would provide that "writing," for the purposes of
these provisions, include computer data stored on magnetic media
including electronic mail.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.






  SECTION 1. Section 250 of the Evidence Code is amended to
read:
   250. "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording
upon any tangible thing any form of communication or
representation, including letters, words, pictures, sounds, or
symbols{+ , computer data stored on magnetic media +} , or
combinations thereof.
  SEC. 2. Section 6252 of the Government Code is amended to
read:
   6252. As used in this chapter:
   (a) "State agency" means every state office, officer,
department, division, bureau, board, and commission or other
state body or agency, except those agencies provided for in
Article IV (except Section 20 thereof) or Article VI of the
California Constitution.
   (b) "Local agency" includes a county; city, whether general
law or chartered; city and county; school district; municipal
corporation; district; political subdivision; or any board,
commission or agency thereof; other local public agency; or
nonprofit organizations of local governmental agencies and
officials which are supported solely by public funds.
   (c) "Person" includes any natural person, corporation,
partnership, limited liability company, firm, or association.

   (d) "Public records" includes any writing containing
information relating to the conduct of the public's business
prepared, owned, used, or retained by any state or local agency
regardless of physical form or characteristics.  "Public records"
in the custody of, or maintained by, the Governor's office
means any writing prepared on or after January 6, 1975.
   (e) "Writing" means handwriting, typewriting, printing,
photostating, photographing, and every other means of recording
upon any form of communication or representation, including
letters, words, pictures, sounds, {- or -} symbols, or {-
combination -} {+ combinations +} thereof, and all papers, maps,
magnetic or paper tapes {+ , computer data stored on magnetic
media including electronic mail +} , photographic films and
prints, magnetic or punched cards, discs, drums, and other
documents.
   (f) "Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local
agency acting within the scope of his or her membership, agency,
office, or employment.


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