Government
Sep. 3, 2016
Civil, criminal justice bills headed to the governor
In the closing days of thelegislative session, state lawmakers sent Gov. Jerry Brown several bills affecting everything from civil litigation to criminal justice.
Daily Journal Staff Writer
SACRAMENTO — In the closing days of thelegislative session, state lawmakers sent Gov. Jerry Brown several bills affecting everything from civil litigation to criminal justice.
DEPOSITIONS/POSTMORTEM IMAGES
Sponsored by the California Defense Counsel and the Consumer Attorneys of California, AB 2427 allows heirs to obtain coroner's photos of a deceased relative.
These photos can help establish if it is advisable to seek legal representation for a wrongful death or other claim. This removes the burden of a court order for grieving families, said Saveena Takhar, associate staff counsel with the consumer attorneys.
The bill separately requires expert witnesses to provided exhibits three business days before a deposition, in order to allow counsel on both sides to review materials and formulate questions ahead of time.
"I believe this legislation is a right step towards making litigation more productive," said Assemblyman Ed Chau, D-Monterey Park, the bill's author.
BUS SAFETY
SB 247 imposes new safety standards on charter bus operators, including a requirement passengers receive airline-style instruction on safety exits. The bill was inspired by a 2014 crash that killed 10 people, mostly students on their way to tour Humboldt State University.
Geoff F. Wells, a partner with Greene Broillet & Wheeler LLP, said the bill will save lives and make it easier for plaintiffs to show bus operators were negligent.
"The kids who survived all said it would have made a difference," said Wells, who represents a survivor who testified at a January Senate hearing.
ENVIRONMENT
AB 2153 puts a $2 fee on each purchase of lead-acid batteries to fund cleanup of contaminated battery recycling facilities. The most famous of these sites is the Exide Technologies plant in Vernon.
While the bill received both industry and environmental group support, it was heavily lobbied and amended through the last day of session. The final version removed many of the provisions critics said could have shielded the industry from liability.
It explicitly preserves a private right to action by residents affected by these facilities, a provision sought by the consumer attorneys.
CRIMINAL JUSTICE
SB 614: Excuses inmates in jail over one year from repaying court-ordered attorney fees, to match rules for those in prison. The bill is in part a reaction to the realignment legislation Brown signed in 2011, which has shifted many inmates from prisons to jails.
SB 872: Allows cities and counties to extend supplemental law enforcement services to private schools and universities. The bill was sponsored by the Los Angeles County sheriff's department with the goal of providing campuses with better protection against mass shootings.
AB 2499: Allows rape victims to learn the status of their sexual assault evidence kit. It was sponsored by Natasha's Justice Project, a nonprofit group seeking to address a backlog of untested kits, and the Alameda County district attorney's office.
malcolm_maclachlan@dailyjournal.com
Malcolm Maclachlan
malcolm_maclachlan@dailyjournal.com
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