BILL ANALYSIS �
AB 1006
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1006 (Yamada)
As Amended May 8, 2013
Majority vote
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|ASSEMBLY: |77-0 |(April 15, |SENATE: |25-11|(August 19, |
| | |2013) | | |2013) |
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Original Committee Reference: PUB. S.
SUMMARY : Requires courts and probation departments to ensure that
information about the sealing of juvenile records are provided to a
minor against whom a juvenile proceeding has been initiated or who
has been brought before a probation officer as specified.
The Senate amendments make technical, non-substantive changes.
EXISTING LAW :
1)Provides that five years or more after the jurisdiction of the
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
AB 1006
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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 or in which the acts took place that
resulted in the minor being taken into custody.
AS PASSED BY THE ASSEMBLY , this bill required courts and probation
departments to ensure that information about the sealing of juvenile
records are provided to a minor against whom a juvenile proceeding
has been initiated or who has been brought before a probation
officer as specified.
1)Required, on and after January 1, 2015, each court and probation
department to ensure that information regarding the eligibility
for and the procedures to request the sealing and destruction of
juvenile arrest and adjudication records is provided to each
person against whom a juvenile proceeding has been initiated or
who has been brought before a probation officer.
2)Required, on or before January 1, 2015, Judicial Council to
develop informational materials for purposes of the above
provision and to develop a form to petition the court for the
sealing and destruction of juvenile records.
FISCAL EFFECT : According to the Senate Appropriations Committee:
1)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.
2)One-time minor costs to the Judicial Council of approximately
$10,000 (General Fund*) to develop the informational materials and
form.
3)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
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COMMENTS : According to the author, "Youth who have completed their
court adjudicated debt to society should have an opportunity to
start over with a clean slate. Unfortunately, because of a lack of
formal process to inform youth of this right, many former juvenile
offenders are unaware that their records are unsealed until they are
refused a job, credit or housing. This impedes the state's
explicitly-stated goal of rehabilitating youthful offenders and
reintroducing them to society."
The author further states that current law "allows a juvenile who
has not received an adult felony conviction or committed a serious
felony after the age of 14 to request that their records be reviewed
and sealed by the court. This prevents minor juvenile offenses from
inhibiting career plans, educational goals, credit establishment,
professional licensure, and access to housing and employment
opportunities. Vulnerable youth populations such as foster and
homeless youth especially benefit from this process because they
often possess juvenile records and already face numerous
disadvantages as they enter adulthood.
"An unsealed record can impede a former offender's progress toward
self-sufficiency by acting as a barrier to job and educational
opportunities, professional licensure, applying for credit and
leasing a house. Individuals may be disqualified from public housing
or federal loans for college."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
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