BILL NUMBER: AB 1165   INTRODUCED
        BILL TEXT
 
 
INTRODUCED BY   Assembly Member Dymally
 
                        FEBRUARY 21, 2003
 
   An act to amend Section 68902 of the Government Code, relating to
courts.
 
 
 
        LEGISLATIVE COUNSEL'S DIGEST
 
 
   AB 1165, as introduced, Dymally.  Appellate opinions.
   Existing law requires that the opinions of the Supreme Court, of
the courts of appeal, and of the appellate divisions of the superior
courts as the Supreme Court may deem expedient be published in the
official reports, under the general supervision of the Supreme Court.
 
   The bill would require all final opinions of the Supreme Court, of
the courts of appeal, and of the appellate divisions of the superior
courts to be in writing and made available for private publication,
in full.  The bill would specify that these opinions constitute
precedent under the doctrine of stare decisis the same as opinions
published in the official reports and may be cited as precedent.  The
bill also would make related, clarifying changes.
   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.  Section 68902 of the Government Code is amended to
read:
   68902.   Such   (a) The  opinions of the
Supreme Court, of the courts of appeal, and of the appellate
divisions of the superior courts as the Supreme Court  may
deem expedient shall   deems appropriate may  be
published in  the official   edited 
reports.  The reports shall be published under the general
supervision of the Supreme Court  and designated as edited
reports  .  
   (b) All final opinions of the Supreme Court, of the courts of
appeal, and of the appellate divisions of the superior courts shall
be made available for private publication, in full.  Those opinions
shall constitute precedent under the doctrine of stare decisis the
same as opinions published in the official reports and may be cited
as precedent by parties, judges, and other interested persons or
entities.