BILL ANALYSIS �
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THIRD READING
Bill No: AB 1006
Author: Yamada (D), et al.
Amended: 5/8/13 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/4/13
AYES: Hancock, Block, De Le�n, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-1, 6/24/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters
NO VOTE RECORDED: Gaines
ASSEMBLY FLOOR : 77-0, 4/15/13 - See last page for vote
SUBJECT : Juvenile court records: sealing and destruction
SOURCE : Author
DIGEST : This bill requires on and after January 1, 2015,
courts and probation departments, to ensure information
regarding the potential sealing of juvenile court records is
provided to minors in juvenile proceedings, as specified.
ANALYSIS :
Existing law:
1.Provides that five years or more after the jurisdiction of the
CONTINUED
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juvenile court has terminated over a person adjudged a ward of
the court or after a minor appeared before a probation
officer, or, in any case, at any time after the person has
reached the age of 18, the person or county probation officer,
with specified exceptions, may petition the juvenile court for
sealing of the records, including arrest records, relating to
the person's case, in the custody of the juvenile court, the
probation officer, or any other agency or public official.
2.States that once the court has ordered the person's records
sealed, the proceedings in the case shall be deemed never to
have occurred, and the person may reply accordingly to any
inquiry about the events.
3.Prohibits the sealing or destruction of juvenile records in
any case in which the person has been found by the juvenile
court to have committed a moral turpitude offense when the
person was 14 years of age or older at the time of the offense
or if the case was transferred to a criminal court.
4.Allows a peace officer to take a minor into temporary custody
without a warrant when the officer has reasonable cause to
believe that the minor is habitually disobedient or truant or
has committed a crime; is a ward of the juvenile court and the
officer believes that the minor violated an order of the court
or has escaped from a commitment ordered by the court; or is
found in any public place suffering from a sickness or injury
requiring care.
5.Allows an officer to bring a minor who was taken into custody
before the probation officer of the county in which the minor
was taken into custody or resides in the area where the acts
took place resulting in the minor being taken into custody.
(WIC Section 626.)
This bill:
1.Provides that on and after January 1, 2015, each court and
probation department is required to ensure that information
regarding the eligibility for and the procedures to request
the sealing and destruction of records shall be provided to
each person who is either of the following:
A. A person for whom a petition has been filed on or after
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January 1, 2015, to adjudge the person a ward of the
juvenile court.
B. A person who is brought before a probation officer
pursuant to WIC Section 626.
1.Requires the Judicial Council to develop informational
materials, as specified, and develop a form to petition the
court for the sealing and destruction of records, on or before
January 1, 2015.
2.Requires that the informational materials and the form shall
be provided when jurisdiction is terminated or when the case
is dismissed, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Minor ongoing state-reimbursable costs (General Fund) for
county probation departments to provide the informational
material, given this information would be provided in the
course of providing other information.
One-time minor costs to the Judicial Council of approximately
$10,000 (General Fund*) to develop the informational materials
and form.
Minor ongoing costs (General Fund*) for courts to provide
information to juveniles at the time of legal proceedings and
process a potential increase in requests for the sealing of
records.
*Trial Court Trust Fund
SUPPORT : (Verified 6/25/13)
Alliance for Children's Rights
California Attorneys for Criminal Justice
California Coalition for Youth
California Public Defenders Association
California YouthBuild Coalition
Communities United for Restorative Youth Justice
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First Place for Youth
Individual CASAs
Judicial Council of California
National Association of Social Workers, California Chapter
Woodland Community College Foster and Kinship Care Education
Program
OPPOSITION : (Verified 6/25/13)
California Probation, Parole and Correctional Association
Peace Officers Research Association of California
ARGUMENTS IN SUPPORT : The author states, "a 2008 Juvenile
Delinquency Court Assessment project conducted by the Center for
Families, Children and the Courts, noted problems with the
process of informing juveniles about sealing their records:
The procedures for sealing a record vary by county. In
survey data in which defense attorneys and probation
officers selected which types of information are conveyed
well to the youth, few respondents chose record-sealing
information."
"As a result, many youth do not know how to petition the court
or even know that the option exists. Adding to the confusion
and delay, many youth, parents, and case managers are under the
mistaken impression that juvenile records are sealed
automatically when the youth turns 18."
ARGUMENTS IN OPPOSITION : The California Probation, Parole and
Correctional Association, submits in part, "We certainly
appreciate the intent of the bill but believe existing law
addresses this issue and sets up a process for informing
juveniles. Existing law authorizes a person who is the subject
of a juvenile court record, or the county probation officer, to
petition the court for the sealing of the records. Juveniles
are advised upon termination of probation as a matter of
practice or upon turning 18 years of age."
ASSEMBLY FLOOR : 77-0, 4/15/13
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,
Buchanan, Ian Calderon, Campos, Chau, Ch�vez, Chesbro, Conway,
Cooley, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
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Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Maienschein, Mansoor,
Medina, Melendez, Mitchell, Morrell, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, V. Manuel
P�rez, Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone,
Ting, Torres, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Harkey, Lowenthal, Vacancy
JG:ej 6/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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