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California Evidence Code
California Evidence Code regarding the admissibility of live scan prints,
digital photographs, and digital latents.
Video or digital images
admissible from the Legislative
Counsel's Digest, bill signed by Governor Pete Wilson on August 19,1996.
Existing law, the best evidence rule, generally prohibits
the admission of evidence other than the original of a writing to prove the content of a
writing. Existing law exempts from this rule a printed representation of computer
information or a computer program which is being used by or stored on a computer or
computer readable storage media to prove the existence and content of the computer
information or computer program.
This bill would provide an additional exemption for a printed representation of an image
stored on video or digital media to prove the existence and content of the image stored on
the video or digital media, as specified.
SECTION 1. Section 1500.6 is added to the Evidence Code, to read:
1500.6.(a) Notwithstanding Section 1500, a printed representation of an image stored on
video or digital media shall be admissible to prove the existence and content of the image
stored on the video or digital media.
Images stored on video or digital media, or copies of images stored on video or digital
media, shall not be rendered inadmissible by the best evidence rule. Printed
representations of images stored on video or digital media shall be presumed to be
accurate representations of the images that they purport to represent. This presumption,
however, is a presumption affecting the burden of producing evidence only. If any party to
a judicial proceeding introduces evidence that such a printed representation is inaccurate
or unreliable, the party introducing it into evidence shall have the burden of proving, by
a preponderance of evidence, that the printed representation is the best available evidence
of the existence and content of the images that it purports to represent.
1500.6.(b) This section shall not be construed to abrogate the holding of People
v. Enskat,
(1971) 20 Cal.App.3rdSupp.l.
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