California Legislature—2013–14 Regular Session

Assembly BillNo. 1352


Introduced by Assembly Member Levine

February 22, 2013


An act to amend Section 68152 of the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1352, as introduced, Levine. Courts: destruction of court records.

Existing law authorizes the court clerk to destroy court records, as defined, after notice of destruction, if there is no request and order for transfer of the records, upon the expiration of specified time periods after final disposition of the case.

This bill would clarify that those time periods commence after the date of final disposition of the case.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 68152 of the Government Code is
2amended to read:

3

68152.  

The trial court clerk may destroy court records under
4Section 68153 after notice of destructionbegin insert,end insert and if there is no request
5and order for transfer of the records, except the comprehensive
6historical and sample superior court records preserved for research
7under the California Rules of Court, when the following times
8have expired afterbegin insert the date ofend insert final disposition of the case in the
9categories listed:

P2    1(a) Adoption: retain permanently.

2(b) Change of name: retain permanently.

3(c) Other civil actions and proceedings, as follows:

4(1) Except as otherwise specified: 10 years.

5(2) begin deleteWhere end deletebegin insertIf end inserta party appears by a guardian ad litem: 10 years
6after termination of the court’s jurisdiction.

7(3) Domestic violence: same period as duration of the restraining
8or other orders and renewals, then retain the restraining or other
9orders as a judgment; 60 days after expiration of the temporary
10protective or temporary restraining order.

11(4) Eminent domain: retain permanently.

12(5) Family law, except as otherwise specified: 30 years.

13(6) Harassment: same period as duration of the injunction and
14renewals, then retain the injunction as a judgment; 60 days after
15expiration of the temporary restraining order.

16(7) Mental health (Lanterman Developmental Disabilities
17Services Act and Lanterman-Petris-Short Act): 30 years.

18(8) Paternity: retain permanently.

19(9) Petition, except as otherwise specified: 10 years.

20(10) Real property other than unlawful detainer: retain
21permanently if the action affects title or an interest in real property.

22(11) Small claims: 10 years.

23(12) Unlawful detainer: one year if judgment is for possession
24of the premises; 10 years if judgment is for money.

25(d) Notwithstanding subdivision (c), any civil or small claims
26case in the trial court:

27(1) Involuntarily dismissed by the court for delay in prosecution
28or failure to comply with state or local rules: one year.

29(2) Voluntarily dismissed by a party without entry of judgment:
30one year.

31Notation of the dismissal shall be made on the civil index of
32cases or on a separate dismissal index.

33(e) Criminal.

34(1) Capital felony (murder with special circumstances where
35the prosecution seeks the death penalty): retain permanently. If
36the charge is disposed of by acquittal or a sentence less than death,
37the case shall be reclassified.

38(2) Felony, except as otherwise specified: 75 years.

39(3) Felony, except capital felony, with court records from the
40initial complaint through the preliminary hearing or plea and for
P3    1which the case file does not include final sentencing or other final
2disposition of the case because the case was bound over to the
3superior court: five years.

4(4) Misdemeanor, except as otherwise specified: five years.

5(5) Misdemeanor alleging a violation of the Vehicle Code,
6except as otherwise specified: three years.

7(6) Misdemeanor alleging a violation of Section 23103, 23152,
8or 23153 of the Vehicle Code: 10 years.

9(7) Misdemeanor alleging a violation of Section 14601, 14601.1,
1020002, 23104, 23105, 23109, or 23109.1 of the Vehicle Code: five
11years.

12(8) Misdemeanor alleging a marijuana violation under
13subdivision (b), (c), (d), or (e) of Section 11357 of the Health and
14Safety Code, or subdivision (b) of Section 11360 of the Health
15and Safety Code in accordance with the procedure set forth in
16Section 11361.5 of the Health and Safety Code: records shall be
17destroyed two years from the date of conviction or from the date
18of arrest if no conviction.

19(9) Misdemeanor, infraction, or civil action alleging a violation
20of the regulation and licensing of dogs under Sections 30951 to
2130956, inclusive, of the Food and Agricultural Code or violation
22of any other local ordinance: three years.

23(10) Misdemeanor action resulting in a requirement that the
24defendant register as a sex offender pursuant to Section 290 of the
25Penal Code: 75 years. This paragraph shall apply to records relating
26to a person convicted on or after September 20, 2006.

27(11) Infraction, except as otherwise specified: three years.

28(12) Parking infractions, including alleged violations under the
29stopping, standing, and parking provisions set forth in Chapter 9
30(commencing with Section 22500) of Division 11 of the Vehicle
31Code: two years.

32(f) Habeas corpus: same period as period for retention of the
33records in the underlying case category.

34(g) Juvenile.

35(1) Dependent (Section 300 of the Welfare and Institutions
36Code): upon reaching age 28 or on written request shall be released
37to the juvenile five years after jurisdiction over the person has
38terminated under subdivision (a) of Section 826 of the Welfare
39and Institutions Code. Sealed records shall be destroyed upon court
P4    1order five years after the records have been sealed pursuant to
2subdivision (c) of Section 389 of the Welfare and Institutions Code.

3(2) Ward (Section 601 of the Welfare and Institutions Code):
4upon reaching age 21 or on written request shall be released to the
5juvenile five years after jurisdiction over the person has terminated
6under subdivision (a) of Section 826 of the Welfare and Institutions
7Code. Sealed records shall be destroyed upon court order five years
8after the records have been sealed under subdivision (d) of Section
9781 of the Welfare and Institutions Code.

10(3) Ward (Section 602 of the Welfare and Institutions Code):
11upon reaching age 38 under subdivision (a) of Section 826 of the
12Welfare and Institutions Code. Sealed records shall be destroyed
13upon court order when the subject of the record reaches the age
14of 38 under subdivision (d) of Section 781 of the Welfare and
15Institutions Code.

16(4) Traffic and some nontraffic misdemeanors and infractions
17(Section 601 of the Welfare and Institutions Code): upon reaching
18age 21 or five years after jurisdiction over the person has terminated
19under subdivision (c) of Section 826 of the Welfare and Institutions
20Code. May be microfilmed or photocopied.

21(5) Marijuana misdemeanor under subdivision (e) of Section
2211357 of the Health and Safety Code in accordance with procedures
23specified in subdivision (a) of Section 11361.5 of the Health and
24Safety Code: upon reaching age 18 the records shall be destroyed.

25(h) Probate.

26(1) Conservatorship: 10 years after decree of termination.

27(2) Guardianship: 10 years after the age of 18.

28(3) Probate, including probated wills, except as otherwise
29specified: retain permanently.

30(i) Court records of the appellate division of the superior court:
31five years.

32(j) Other records.

33(1) Applications in forma pauperis: any time after the disposition
34of the underlying case.

35(2) Arrest warrant: same period as period for retention of the
36records in the underlying case category.

37(3) Bench warrant: same period as period for retention of the
38records in the underlying case category.

39(4) Bond: three years after exoneration and release.

P5    1(5) Coroner’s inquest report: same period as period for retention
2of the records in the underlying case category; if no case, then
3permanent.

4(6) Court orders not associated with an underlying case, such
5as orders for destruction of court records for telephone taps, or to
6destroy drugs, and other miscellaneous court orders: three years.

7(7) Court reporter notes: 10 years after the notes have been taken
8in criminal and juvenile proceedings and five years after the notes
9have been taken in all other proceedings, except notes reporting
10 proceedings in capital felony cases (murder with special
11circumstances where the prosecution seeks the death penalty and
12the sentence is death), including notes reporting the preliminary
13hearing, which shall be retained permanently, unless the Supreme
14Court on request of the court clerk authorizes the destruction.

15(8) Electronic recordings made as the official record of the oral
16proceedings under the California Rules of Court: any time after
17final disposition of the case in infraction and misdemeanor
18proceedings, 10 years in all other criminal proceedings, and five
19years in all other proceedings.

20(9) Electronic recordings not made as the official record of the
21oral proceedings under the California Rules of Court: any time
22 either before or after final disposition of the case.

23(10) Index, except as otherwise specified: retain permanently.

24(11) Index for cases alleging traffic violations: same period as
25period for retention of the records in the underlying case category.

26(12) Judgments within the jurisdiction of the superior court
27other than in a limited civil case, misdemeanor case, or infraction
28case: retain permanently.

29(13) Judgments in misdemeanor cases, infraction cases, and
30limited civil cases: same period as period for retention of the
31records in the underlying case category.

32(14) Minutes: same period as period for retention of the records
33in the underlying case category.

34(15) Naturalization index: retain permanently.

35(16) Ninety-day evaluation (under Section 1203.03 of the Penal
36Code): same period as period for retention of the records in the
37underlying case category, or period for completion or termination
38of probation, whichever is longer.

P6    1(17) Register of actions or docket: same period as period for
2retention of the records in the underlying case category, but in no
3event less than 10 years for civil and small claims cases.

4(18) Search warrant: 10 years, except search warrants issued in
5connection with a capital felony case defined in paragraph (7),
6which shall be retained permanently.

7(k) Retention of the court records under this section shall be
8extended as follows:

9(1) By order of the court on its own motion, or on application
10of a party or an interested member of the public for good cause
11shown and on those terms as are just. A fee shall not be charged
12for making the application.

13(2) Upon application and order for renewal of the judgment to
14the extended time for enforcing the judgment.



O

    99