Amended in Senate June 14, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1352

Introduced by Assembly Member Levine

February 22, 2013

An act to amend Sections 68150 and 68151 of, and to repeal and add Section 68152 of, the Government Code, relating to courts.

LEGISLATIVE COUNSEL’S DIGEST

AB 1352, as amended, 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 revise and reorganize these provisions to, among other things, generally reduce the retention periods for court records, and would establish new retention periods for additional types of records, including proceedings for the revocation of postrelease community supervision.

Existing law provides that a copy of a court record created, maintained, preserved, or reproduced according to specified standards shall be deemed an original court record and may be certified as a correct copy of the original record.

This bill would authorize the clerk of the court to certify a copy of a court record by electronic or other technological means, if the means adopted by the court reasonably ensures that the certified copy is a true and correct copy of the original record, or of a specified part of the original record.

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

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

SECTION 1.  

Section 68150 of the Government Code is
amended to read:

68150.  

(a) Trial court records may be created, maintained, and
preserved in any form or forms of communication or representation,
including paper, optical, electronic, magnetic, micrographic, or
photographic media or other technology, if the form or forms of
representation or communication satisfy the rules adopted by the
Judicial Council pursuant to subdivision (c), once those rules have
been adopted. Until those rules are adopted, the court may continue
to create, maintain, and preserve records according to the minimum
standards or guidelines for the preservation and reproduction of
the medium adopted by the American National Standards Institute
or the Association for Information and Image Management.

(b) This section shall not apply to court reporters’ transcripts
or to specifications for electronic recordings made as the official
record of oral proceedings. These records shall be governed by
the California Rules of Court.

(c) The Judicial Council shall adopt rules to establish the
standards or guidelines for the creation, maintenance, reproduction,
or preservation of court records, including records that must be
preserved permanently. The standards or guidelines shall reflect
industry standards for each medium used, if those standards exist.
The standards or guidelines shall ensure that court records are
created and maintained in a manner that ensures accuracy and
preserves the integrity of the records throughout their maintenance.
They shall also ensure that the records are stored and preserved in
a manner that will protect them against loss and ensure preservation
for the required period of time. Standards and guidelines for the
electronic creation, maintenance, and preservation of court records
shall ensure that the public can access and reproduce records with
at least the same amount of convenience as paper records
previously provided.

(d) No additions, deletions, or changes shall be made to the
content of court records, except as authorized by statute or the
California Rules of Court.

(e) Court records shall be indexed for convenient access.

(f) A copy of a court record created, maintained, preserved, or
reproduced according to subdivisions (a) and (c) shall be deemed
an original court record and may be certified as a true and correct
copy of the original record. The clerk of the court may certify a
copy of the record by electronic or other technological means, if
the means adopted by the court reasonably ensures that the certified
copy is a true and correct copy of the original record, or of a
specified part of the original record.

(g) Any notice, order, judgment, decree, decision, ruling,
opinion, memorandum, warrant, certificate of service, or similar
document issued by a trial court or by a judicial officer of a trial
court may be signed, subscribed, or verified using a computer or
other technology in accordance with procedures, standards, and
guidelines established by the Judicial Council pursuant to this
section. Notwithstanding any other provision of law, all notices,
orders, judgments, decrees, decisions, rulings, opinions,
memoranda, warrants, certificates of service, or similar documents
that are signed, subscribed, or verified by computer or other
technological means pursuant to this subdivision shall have the
same validity, and the same legal force and effect, as paper
documents signed, subscribed, or verified by a trial court or a
judicial officer of the court.

(h) A court record created, maintained, preserved, or reproduced
in accordance with subdivisions (a) and (c) shall be stored in a
manner and in a place that reasonably ensures its preservation
against loss, theft, defacement, or destruction for the prescribed
retention period under Section 68152.

begin delete

(I)

end delete

begin insert (i) end insert  A court record that was created, maintained, preserved, or
reproduced in accordance with subdivisions (a) and (c) may be
disposed of in accordance with the procedure under Section 68153,
unless it is either of the following:

(1) A comprehensive historical and sample superior court record
preserved for research under the California Rules of Court.

(2) A court record that is required to be preserved permanently.

(j) Instructions for access to data stored on a medium other than
paper shall be documented.

(k) Each court shall conduct a periodic review of the media in
which the court records are stored to ensure that the storage
medium is not obsolete and that current technology is capable of
accessing and reproducing the records. The court shall reproduce
records before the expiration of their estimated lifespan for the
medium in which they are stored according to the standards or
guidelines established by the Judicial Council.

(l) Unless access is otherwise restricted by law, court records
created, maintained, preserved, or reproduced under subdivisions
(a) and (c) shall be made reasonably accessible to all members of
the public for viewing and duplication as the paper records would
have been accessible. Unless access is otherwise restricted by law,
court records maintained in electronic form shall be viewable at
the court, regardless of whether they are also accessible remotely.
Reasonable provision shall be made for duplicating the records at
cost. Cost shall consist of all costs associated with duplicating the
records as determined by the court.

SEC. 2.  

Section 68151 of the Government Code is amended
to read:

68151.  

The following definitions apply to this chapter:

(a) “Court record” shall consist of the following:

(1) All filed papers and documents in the case folder, but if no
case folder is created by the court, all filed papers and documents
that would have been in the case folder if one had been created.

(2) Administrative records filed in an action or proceeding,
depositions, transcripts, including preliminary hearing transcripts,
and recordings of electronically recorded proceedings filed, lodged,
or maintained in connection with the case, unless disposed of
earlier in the case pursuant to law.

(3) Other records listed under subdivision (g) of Section 68152.

(b) “Notice of destruction and no transfer” means that the clerk
of the court has given notice of destruction of the superior court
records open to public inspection, and that there is no request and
order for transfer of the records as provided in the California Rules
of Court.

(c) “Final disposition of the case” means that an acquittal,
dismissal, or order of judgment has been entered in the case or
proceeding, the judgment has become final, and no postjudgment
motions or appeals are pending in the case or for the reviewing
court upon the mailing of notice of the issuance of the remittitur.

In a criminal prosecution, the order of judgment shall mean
imposition of sentence, entry of an appealable order (including,
but not limited to, an order granting probation, commitment of a
defendant for insanity, or commitment of a defendant as a narcotics
addict appealable under Section 1237 of the Penal Code), or
forfeiture of bail without issuance of a bench warrant or calendaring
of other proceedings.

(d) “Retain permanently” means that the court records shall be
maintained permanently according to the standards or guidelines
established pursuant to subdivision (c) of Section 68150.

SEC. 3.  

Section 68152 of the Government Code is repealed.

SEC. 4.  

Section 68152 is added to the Government Code, to
read:

68152.  

The trial court clerk may destroy court records under
Section 68153 after notice of destruction, and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times
have expired after the date of final disposition of the case in the
categories listed:

(a) Civil actions and proceedings, as follows:

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

(2) Civil unlimited cases, limited cases, and small claims cases,
including after trial de novo, if any, except as otherwise specified:
retain for 10 years.

(3) Civil judgments for unlimited civil cases: retain permanently.

(4) Civil judgments for limited and small claims cases: retain
for 10 years, unless judgment is renewed. If judgment is renewed,
retain judgment for length of renewal pursuant to Article 2
(commencing with Section 683.110) of Chapter 3 of Division 1
of Title 9 of Part 2 of the Code of Civil Procedure.

(5) If a party in a civil case appears by a guardian ad litem:
retain for 10 years after termination of the court’s jurisdiction.

(6) Civil harassment, domestic violence, elder and dependent
adult abuse, private postsecondary school violence, and workplace
violence cases: retain for the same period of time as the duration
of the restraining or other orders and any renewals thereof, then
retain the restraining or other orders as a judgment for 60 days
after expiration of the begin insert temporary end insert restraining or other begin insert temporary end insert
orders.

(7) Family law, except as otherwise specified: retain for 30
years.

(8) Adoption: retain permanently.

(9) Parentage: retain permanently.

(10) Change of name, gender, or name and gender: retain
permanently.

(11) Probate:

(A) Decedent estates: retain permanently all orders, judgments,
and decrees of the court, all inventories and appraisals, and all
wills and codicils of the decedent filed in the case, including those
not admitted to probate. All other records: retain for five years
after final disposition of the estate proceeding.

(B) Wills and codicils transferred or delivered to the court
pursuant to Section 732, 734, 8200, or 8203 of the Probate Code:
retain permanently.

(C) Substitutes for decedent estate administration:

(i) Affidavit procedures for real property of small value under
Chapter 3 (commencing with Section 13100) of Part 1 of Division
8 of the Probate Code: retain permanently.

(ii) Proceedings for determining succession to property under
Chapter 4 (commencing with Section 13150) of Part 1 of Division
8 of the Probate Code: retain permanently all inventories and
appraisals and court orders. Other records: retain for five years
after final disposition of the proceeding.

(iii) Proceedings for determination of property passing or
belonging to surviving spouse under Chapter 5 (commencing with
Section 13650) of Part 2 of Division 8 of the Probate Code: retain
permanently all inventories and appraisals and court orders. Other
records: retain for five years after final disposition of the
proceeding.

(D) Conservatorships: retain permanently all court orders.
Documents of trusts established under substituted judgment
pursuant to Section 2580 of the Probate Code: retain as provided
in clause (iii) of subparagraph (G). Other records: retain for five
years after the begin delete latter end delete begin insert later end insert of either (i) the final disposition of the
conservatorship proceeding, or (ii) the date of the conservatee’s
death, if that date is disclosed in the court’s file.

(E) Guardianships: retain permanently orders terminating the
guardianship, if any, and court orders settling final account and
ordering distribution of the estate. Other records: retain for five
years after the begin delete latter end delete begin insert later end insert of (i) the final disposition of the
guardianship proceeding, or (ii) the earlier of the date of the ward’s
death, if that date is disclosed in the court’s file, or the date the
ward reaches 23 years of age.

(F) Compromise of minor’s or disabled person’s claim or action,
and disposition of judgment for minors and disabled persons under
Section 372 of the Code of Civil Procedure and Chapter 4
(commencing with Section 3600) of Part 8 of Division 4 of the
Probate Code:

(i) Retain permanently judgments in favor of minors or disabled
persons, orders approving compromises of claims and actions and
disposition of the proceeds of judgments, orders directing payment
of expenses, costs, and fees, orders directing deposits into blocked
accounts and receipts and acknowledgments of those orders, and
orders for the withdrawal of funds from blocked accounts.

(ii) Retain other records for the same retention period as for
records in the underlying case. If there is no underlying case, retain
for five years after the begin delete latter end delete begin insert later end insert of either (I) the date the order
for payment or delivery of the final balance of the money or
property is entered, or (II) the earlier of the date of the begin delete ward’s end delete
begin insert minor’s end insert death, if that date is disclosed in the court’s file, or the
date the begin delete ward end delete begin insert minor end insert reaches 23 years of age.

(G) Trusts:

(i)  begin delete Litigation end delete begin insert Proceedings end insert under begin delete Chapter 1 (commencing with
Section 17000), Chapter 2 (commencing with Section 17100), and
Chapter 3 (commencing with Section 17200) of end delete Part 5
begin insert (commencing with Section 17000) end insert of Division 9 of the Probate
Code: retain permanently.

begin delete

(ii) Court-supervised testamentary trusts under Chapter 4
(commencing with Section 17300) of Part 5 of Division 9 of the
Probate Code: retain permanently.

(iii)

end delete

begin insert (ii) end insert  Trusts created by substituted judgment under Section 2580
of the Probate Code: retain permanently all trust instruments and
court orders. Other records: retain as long as the underlying
conservatorship file is retained.

begin delete

(iv)

end delete

begin insert (iii) end insert  Special needs trusts: retain permanently all trust instruments
and court orders. Other records: retain until the begin delete latter end delete begin insert later end insert of either
(I) the retention date of “other records” in the beneficiary’s
conservatorship or guardianship file under subparagraph (D) or
(E), if any, or (II) five years after the date of the beneficiary’s
death, if that date is disclosed in the court’s file.

(H) All other proceedings under the Probate Code: retain as
provided for civil cases.

begin delete

(13)

end delete

begin insert (12) end insert  Mental health:

(A) Lanterman Developmental Disabilities Services Act: retain
for 10 years.

(B) Lanterman-Petris-Short Act: retain for 20 years.

(C) Riese (capacity) hearings under Sections 5333 and 5334 of
the Welfare and Institutions Code: retain for the begin delete latter end delete begin insert later end insert of
either (i) 20 years after the date of the capacity determination order,
or (ii) the court records retention date of the underlying involuntary
treatment or commitment proceeding, if any.

(D) Petitions under Chapter 3 (commencing with Section 8100)
of Division 8 of the Welfare and Institutions Code for the return
of firearms to petitioners who relinquished them to law
enforcement while detained in a mental health facility: retain for
10 years.

begin delete

(14)

end delete

begin insert (13) end insert  Eminent domain: retain permanently.

begin delete

(15)

end delete

begin insert (14) end insert  Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real property.

begin delete

(16)

end delete

begin insert (15) end insert  Unlawful detainer: retain for one year if judgment is only
for possession of the premises; retain for 10 years if judgment is
for money, or money and possession.

(b) Notwithstanding subdivision (a), any civil or small claims
case in the trial court:

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

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

(c) Criminal actions and proceedings, as follows:

(1) Capital felony in which the defendant is sentenced to death,
and any felony resulting in a sentence of life or life without the
possibility of parole: retain permanently, including records of the
cases of any codefendants and any related cases, regardless of the
disposition. For the purpose of this paragraph, “capital felony”
means murder with special circumstances when the prosecution
seeks the death penalty. Records of the cases of codefendants and
related cases required to be retained under this paragraph shall be
limited to those cases that are factually linked or related to the
charged offense, that are identified in the courtroom, and that are
placed on the record. If a capital felony is disposed of by a sentence
less than death, or imprisonment for life or life without the
possibility of parole, the judgment shall be retained permanently,
and the record shall be retained for 50 years or for 10 years after
the official written notification of the death of the defendant. If a
capital felony is disposed of by an acquittal, the record shall be
retained for 10 years.

(2) Felony, except as otherwise specified, and in any felony or
misdemeanor case resulting in a requirement that the defendant
register as a sex offender under Section 290 of the Penal Code:
retain judgment permanently. For all other documents: retain for
50 years or the maximum term of the sentence, whichever is longer.
However, any record other than the judgment may be destroyed
10 years after the death of the defendant. Felony case files that do
not include final sentencing or other final disposition because the
case was bound over from a former municipal court to the superior
court and not already consolidated with the superior court felony
case file: retain for 10 years from the disposition of the superior
court case.

(3) Felony reduced to a misdemeanor: retain in accordance with
the retention period for the relevant misdemeanor.

(4) Felony, if the charge is dismissed, except as provided in
paragraph (6): retain for three years.

(5) Misdemeanor, if the charge is dismissed, except as provided
in paragraph (6): retain for one year.

(6) Dismissal under Section 1203.4 or 1203.4a of the Penal
Code: retain for the same retention period as for records of the
underlying case. If the records in the underlying case have been
destroyed, retain for five years after dismissal.

(7) Misdemeanor, except as otherwise specified: retain for five
years. For misdemeanors alleging a violation of Section 23109,
23109.5, 23152, or 23153 of the Vehicle Code: retain for 10 years.

(8) Misdemeanor alleging a marijuana violation under
subdivision (c), (d), or (e) of Section 11357 of the Health and
Safety Code, or subdivision (b) of Section 11360 of the Health
and Safety Code: records shall be destroyed, or redacted in
accordance with subdivision (c) of Section 11361.5 of the Health
and Safety Code, two years from the date of conviction, or from
the date of arrest if no conviction, if the case is no longer subject
to review on appeal, all applicable fines and fees have been paid,
and the defendant has complied with all terms and conditions of
the sentence or grant of probation. However, as provided in
subdivision (a) of Section 11361.5 of the Health and Safety Code
and paragraph (5) of subdivision (e) of this section, records of a
misdemeanor alleging a marijuana violation under subdivision (e)
of Section 11357 of the Health and Safety Code shall be retained
until the offender attains 18 years of age, at which time the records
shall be destroyed as provided in subdivision (c) of Section 11361.5
of the Health and Safety Code.

(9) Misdemeanor reduced to an infraction: retain in accordance
with the retention period for the relevant infraction.

(10) Infraction, except as otherwise specified: retain for one
year. Vehicle Code infraction: retain for three years. Infraction
alleging a marijuana violation under subdivision (b) of Section
11357 of the Health and Safety Code: if records are retained past
the one-year minimum retention period, the records shall be
destroyed or redacted in accordance with subdivision (c) of Section
11361.5 of the Health and Safety Code two years from the date of
conviction, or from the date of arrest if no conviction, if the case
is no longer subject to review on appeal, all applicable fines and
fees have been paid, and the defendant has complied with all terms
and conditions of the sentence or grant of probation.

(11) Criminal protective order: retain until the order expires or
is terminated.

(12) Arrest warrant: retain for the same retention period as for
records in the underlying case. If there is no underlying case, retain
for one year from the date of issue.

(13) Search warrant: retain for the same retention period as for
records in the underlying case. If there is no underlying case, retain
for five years from the date of issue.

(14) Probable cause declarations: retain for the same retention
period as for records in the underlying case. If there is no
underlying case, retain for one year from the date of declaration.

(15) Proceedings for revocation of postrelease community
supervision or postrelease parole supervision: retain for five years
after the period of supervision expires or is terminated.

(d) Habeas corpus:

(1) Habeas corpus in criminal and family law matters: retain
for the same retention period as for records in the underlying case,
whether granted or denied.

(2) Habeas corpus in mental health matters: retain all records
for the same retention period as for records in the underlying case,
whether granted or denied. If there is no underlying case, retain
records for 20 years.

(e) Juveniles:

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

(2) Ward pursuant to Section 601 of the Welfare and Institutions
Code: upon reaching 21 years of age, or on written request, shall
be released to the juvenile five years after jurisdiction over the
person has terminated under subdivision (a) of Section 826 of the
Welfare and Institutions Code. Sealed records shall be destroyed
upon court order five years after the records have been sealed under
subdivision (d) of Section 781 of the Welfare and Institutions
Code.

(3) Ward pursuant to Section 602 of the Welfare and Institutions
Code: upon reaching 38 years of age under subdivision (a) of
Section 826 of the Welfare and Institutions Code. Sealed records
shall be destroyed upon court order when the subject of the record
reaches 38 years of age under subdivision (d) of Section 781 of
the Welfare and Institutions Code.

(4) Traffic and some nontraffic misdemeanors and infractions
pursuant to Section 601 of the Welfare and Institutions Code: upon
reaching 21 years of age, or five years after jurisdiction over the
person has terminated under subdivision (c) of Section 826 of the
Welfare and Institutions Code. Records may be microfilmed or
photocopied.

(5) Marijuana misdemeanor under subdivision (e) of Section
11357 of the Health and Safety Code in accordance with procedures
specified in subdivision (a) of Section 11361.5 of the Health and
Safety Code: upon reaching 18 years of age, the records shall be
destroyed.

(f) Court records of the appellate division of the superior court:
retain for five years.

(g) Other records:

(1) Bench warrant: retain for the same retention period as for
records in the underlying case. For a bench warrant issued for a
misdemeanor, retain records for the same retention period as for
records in the underlying misdemeanor following issuance. If there
is no return on the warrant, the court may dismiss on its own
motion and immediately destroy the records.

(2) Body attachment: retain for same retention period as for
records in the underlying case.

(3) Bond: retain for three years after exoneration and release.

(4) Court reporter notes:

(A) Criminal and juvenile proceedings: retain notes for 10 years,
except as otherwise specified. Notes reporting proceedings in
capital felony cases (murder with special circumstances when the
prosecution seeks the death penalty and the sentence is death),
including notes reporting the preliminary hearing, shall be retained
permanently, unless the Supreme Court on request of the court
clerk authorizes the destruction.

(B) Civil and all other proceedings: retain notes for five years.

(5) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court may be destroyed
or deleted as follows:

(A) Any time after final disposition of the case in infraction and
misdemeanor proceedings.

(B) After 10 years in all other criminal proceedings.

(C) After five years in all other proceedings.

(6) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court may be
destroyed at any time at the discretion of the court.

(7) Fee waiver applications: retain for the same retention period
as for records in the underlying case.

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

(9) Judgments in misdemeanor cases, infraction cases, and
limited civil cases: retain for the same retention period as for
records in the underlying case.

(10) Juror proceedings, including sanctions: retain for one year.

(11) Minutes: retain for the same retention period as for records
in the underlying case.

(12) Orders not associated with an underlying case, such as
orders for the destruction of court records for telephone taps, orders
to destroy drugs, and other miscellaneous court orders: retain for
one year.

(13) Naturalization index: retain permanently.

(14) Index for cases alleging traffic violations: retain for the
same retention period as for records in the underlying case.

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

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

(h) Retention of the court records under this section shall be
extended by order of the court on its own motion, or on application
of a party or an interested member of the public for good cause
shown and on those terms as are just. A fee shall not be charged
for making the application.

(i) The record retention periods provided in this section, as
amended effective January 1, 2014, apply to all court records in
existence prior to that date as well as to records created begin insert on or end insert after
that date.