BILL NUMBER: SB 1655	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Kuehl

                        FEBRUARY 20, 2004

   An act to add Section 68906 to the Government Code, relating to
judicial opinions.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1655, as introduced, Kuehl.  Judicial opinions: publication,
availability, and citation.
   Existing law provides that those opinions of the Supreme Court,
the courts of appeal, and the appellate divisions of the superior
courts, as the Supreme Court may deem expedient, shall be published
in the official reports under the general supervision of the Supreme
Court.
   This bill would provide that all opinions of the Supreme Court, a
court of appeal, or an appellate department of a superior court may
be cited by any court for any persuasive value they may have.
However, the bill would provide that opinions issued on or before the
effective date of this bill that have not been certified for
publication in the official reports shall have no precedential
effect.  The bill would further provide that all opinions of the
Supreme Court, a court of appeal, or an appellate department of a
superior court issued on or after the effective date of this bill
shall be made available to public and private reporting services,
electronically and without cost.  The bill would also provide that
the failure to locate, cite, or rely upon an opinion that has not
been certified for publication in the official reports does not
constitute professional negligence.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 68906 is added to the Government Code, to read:

   68906.  (a) All opinions of the Supreme Court, a court of appeal,
or an appellate department of a superior court may be cited by any
court for any persuasive value they may have.  However, opinions
issued before the effective date of this section that have not been
certified for publication in the official reports shall have no
precedential effect.
   (b) All opinions of the Supreme Court, a court of appeal, or an
appellate department of a superior court issued on or after the
effective date of this section shall be made available to public and
private reporting services, electronically and without cost.
   (c) The failure to locate, cite, or rely upon an opinion that has
not been certified for publication in the official reports does not
constitute professional negligence.