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2016 SESSION

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HB 924 Electronic communications; disclosure, verification and admissibility of contents.

Introduced by: T. Montgomery "Monty" Mason | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Electronic communications; admissibility of written reports or records. Allows the provider of an electronic communication service or remote computing service to verify the authenticity of written reports or records that it discloses by providing an affidavit from the custodian of the written records (or the person to whom the custodian reports) certifying that they are true and complete copies of the reports or records and were prepared in the regular course of business. When so authenticated no other evidence of authenticity is necessary, and the reports or records shall be considered business records for the purposes of the business records exception to the hearsay rule. The bill specifies that the contents of electronic communications shall not be considered part of such business records.

SUMMARY AS PASSED HOUSE:

Electronic communications; contents; admissibility. Allows the provider of an electronic communication service or remote computing service to verify the authenticity of contents of electronic communications by providing an affidavit from the custodian of the written records and reports (or the person to whom the custodian reports) certifying that they are true and complete and prepared in the regular course of business. The bill would allow the contents of electronic communications to be admissible in evidence as a business record exception to the hearsay rule in any proceeding where such electronic communications are material and otherwise admissible. Under current law, the contents of the electronic communications are excluded from this process.

SUMMARY AS INTRODUCED:

Electronic communications; contents; admissibility. Allows the provider of an electronic communication service or remote computing service to verify the authenticity of contents of electronic communications by providing an affidavit from the custodian of the written records and reports (or the person to whom the custodian reports) certifying that they are true and complete and prepared in the regular course of business. The bill would allow the contents of electronic communications to be admissible in evidence as a business record exception to the hearsay rule. Under current law, the contents of the electronic communications are excluded from this process.