BILL NUMBER: AB 1165 AMENDED
 BILL TEXT
 
 AMENDED IN ASSEMBLY APRIL 29, 2003
 
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 amended, 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
  that all opinions of the Supreme Court, a court of
appeal, and an appellate department of a superior court issued on or
after the effective date of the bill shall be made available to
public and private reporting services, electronically and without
cost. The bill would also provide that all opinions of the Supreme
Court, a court of appeal, and an appellate department of a superior
court may be cited to or by any court; and that opinions issued on or
before the effective dated of the bill that have not been designated
for publication in the Official Reports shall have no precedential
value, but may be cited for any persuasive value they may have, as
specified  .
 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. (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 deems appropriate may be published in 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.  
 68902. (a) All opinions of the Supreme Court, a court of appeal,
and an appellate department of a superior court issued on or after he
effective date of this section shall be made available to all public
and private reporting services, electronically and without cost.
 (b) All opinions of the Supreme Court, a court of appeal, and an
appellate department of a superior court may be cited to, or by, any
court.
 (c) Opinions issued on or before the effective date of this
section that have not been designated for publication in the Official
Reports shall have no precedential value, but may be cited for any
persuasive value they may have. Any citation of such an opinion shall
be accompanied by the notation, "(unpublished opinion)."