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SB-1655 Judicial opinions: publication, availability, and citation.(2003-2004)

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CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Senate Bill No. 1655


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 However, the bill would provide that opinions issued on or before the effective date of this bill that have not been certified for publication in the official reports shall have no precedential effect.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 The bill would also provide that the failure to locate, cite, or rely upon an opinion that has not been certified for publication in the official reports does not constitute professional negligence.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   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 However, opinions issued before the effective date of this section that have not been certified for publication in the official reports shall have no precedential effect.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.