Amended in Senate June 26, 2013

Amended in Senate June 14, 2013

Amended in Assembly April 1, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 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.

begin insert

This bill would incorporate additional changes to Section 68150 of the Government Code proposed by AB 1167 that would become operative only if this bill and AB 1167 are both enacted, and this bill is chaptered last.

end insert

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

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

P2    1

SECTION 1.  

Section 68150 of the Government Code is
2amended to read:

3

68150.  

(a) Trial court records may be created, maintained, and
4preserved in any form or forms of communication or representation,
5including paper, optical, electronic, magnetic, micrographic, or
6photographic media or other technology, if the form or forms of
7representation or communication satisfy the rules adopted by the
8Judicial Council pursuant to subdivision (c), once those rules have
9been adopted. Until those rules are adopted, the court may continue
10to create, maintain, and preserve records according to the minimum
11standards or guidelines for the preservation and reproduction of
12the medium adopted by the American National Standards Institute
13or the Association for Information and Image Management.

14(b) begin insert(1)end insertbegin insertend insert This section shall not apply to court reporters’
15transcripts or to specifications for electronic recordings made as
16the official record of oral proceedings. These records shall be
17governed by the California Rules of Court.

begin insert

18(2) This section shall not apply to original wills and codicils
19delivered to the clerk of the court under Section 8200 of the
20Probate Code. Original wills and codicils shall be retained as
21provided in Section 26810.

end insert

22(c) The Judicial Council shall adopt rules to establish the
23standards or guidelines for the creation, maintenance, reproduction,
24or preservation of court records, including records that must be
25preserved permanently. The standards or guidelines shall reflect
26industry standards for each medium used, if those standards exist.
27The standards or guidelines shall ensure that court records are
28created and maintained in a manner that ensures accuracy and
29preserves the integrity of the records throughout their maintenance.
P3    1They shall also ensure that the records are stored and preserved in
2a manner that will protect them against loss and ensure preservation
3for the required period of time. Standards and guidelines for the
4electronic creation, maintenance, and preservation of court records
5shall ensure that the public can access and reproduce records with
6at least the same amount of convenience as paper records
7previously provided.

8(d) No additions, deletions, or changes shall be made to the
9content of court records, except as authorized by statute or the
10California Rules of Court.

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

12(f) A copy of a court record created, maintained, preserved, or
13reproduced according to subdivisions (a) and (c) shall be deemed
14an original court record and may be certified as a true and correct
15copy of the original record. The clerk of the court may certify a
16copy of the record by electronic or other technological means, if
17the means adopted by the court reasonably ensures that the certified
18copy is a true and correct copy of the original record, or of a
19specified part of the original record.

20(g) Any notice, order, judgment, decree, decision, ruling,
21opinion, memorandum, warrant, certificate of service, or similar
22document issued by a trial court or by a judicial officer of a trial
23court may be signed, subscribed, or verified using a computer or
24other technology in accordance with procedures, standards, and
25guidelines established by the Judicial Council pursuant to this
26section. Notwithstanding any other provision of law, all notices,
27orders, judgments, decrees, decisions, rulings, opinions,
28memoranda, warrants, certificates of service, or similar documents
29that are signed, subscribed, or verified by computer or other
30technological means pursuant to this subdivision shall have the
31same validity, and the same legal force and effect, as paper
32documents signed, subscribed, or verified by a trial court or a
33judicial officer of the court.

34(h) A court record created, maintained, preserved, or reproduced
35in accordance with subdivisions (a) and (c) shall be stored in a
36manner and in a place that reasonably ensures its preservation
37against loss, theft, defacement, or destruction for the prescribed
38retention period under Section 68152.

39(i) A court record that was created, maintained, preserved, or
40reproduced in accordance with subdivisions (a) and (c) may be
P4    1disposed of in accordance with the procedure under Section 68153,
2unless it is either of the following:

3(1) A comprehensive historical and sample superior court record
4preserved for research under the California Rules of Court.

5(2) A court record that is required to be preserved permanently.

6(j) Instructions for access to data stored on a medium other than
7paper shall be documented.

8(k) Each court shall conduct a periodic review of the media in
9which the court records are stored to ensure that the storage
10medium is not obsolete and that current technology is capable of
11accessing and reproducing the records. The court shall reproduce
12records before the expiration of their estimated lifespan for the
13medium in which they are stored according to the standards or
14guidelines established by the Judicial Council.

15(l) Unless access is otherwise restricted by law, court records
16created, maintained, preserved, or reproduced under subdivisions
17(a) and (c) shall be made reasonably accessible to all members of
18the public for viewing and duplication as the paper records would
19have been accessible. Unless access is otherwise restricted by law,
20court records maintained in electronic form shall be viewable at
21the court, regardless of whether they are also accessible remotely.
22Reasonable provision shall be made for duplicating the records at
23cost. Cost shall consist of all costs associated with duplicating the
24records as determined by the court.

25begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 68150 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
26to read:end insert

27

68150.  

(a) Trial court records may be created, maintained, and
28preserved in any form or forms of communication or representation,
29including paper, optical, electronic, magnetic, micrographic, or
30photographic media or other technology, if the form or forms of
31representation or communication satisfy the rules adopted by the
32Judicial Council pursuant to subdivision (c), once those rules have
33been adopted. Until those rules are adopted, the court may continue
34to create, maintain, and preserve records according to the minimum
35standards or guidelines for the preservation and reproduction of
36the medium adopted by the American National Standards Institute
37or the Association for Information and Image Management.

38(b) begin insert(1)end insertbegin insertend insert This section shall not apply to court reporters’
39transcripts or to specifications for electronic recordings made as
P5    1the official record of oral proceedings. These records shall be
2governed by the California Rules of Court.

begin insert

3(2) This section shall not apply to original wills and codicils
4delivered to the clerk of the court under Section 8200 of the
5Probate Code. Original wills and codicils shall be retained as
6provided in Section 26810.

end insert

7(c) The Judicial Council shall adopt rules to establish the
8standards or guidelines for the creation, maintenance, reproduction,
9or preservation of court records, including records that must be
10preserved permanently. The standards or guidelines shall reflect
11industry standards for each medium used, if those standards exist.
12The standards or guidelines shall ensure that court records are
13created and maintained in a manner that ensures accuracy and
14preserves the integrity of the records throughout their maintenance.
15They shall also ensure that the records are stored and preserved in
16a manner that will protect them against loss and ensure preservation
17for the required period of time. Standards and guidelines for the
18electronic creation, maintenance, and preservation of court records
19shall ensure that the public can access and reproduce records with
20at least the same amount of convenience as paper records
21previously provided.

22(d) No additions, deletions, or changes shall be made to the
23content of court records, except as authorized by statute or the
24California Rules of Court.

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

26(f) A copy of a court record created, maintained, preserved, or
27reproduced according to subdivisions (a) and (c) shall be deemed
28an original court record and may be certified as abegin insert true andend insert correct
29copy of the original record.begin insert The clerk of the court may certify a
30copy of the record by electronic or other technological means, if
31the means adopted by the court reasonably ensures that the
32certified copy is a true and correct copy of the original record, or
33of a specified part of the original record.end insert

34(g) Any notice, order, judgment, decree, decision, ruling,
35opinion, memorandum, warrant, certificate of service,begin delete orend deletebegin insert writ,
36subpoena, or other legal process orend insert
similar document issued by a
37trial court or by a judicial officer of a trial court may be signed,
38subscribed, or verified using a computer or other technology in
39accordance with procedures, standards, and guidelines established
40by the Judicial Council pursuant to this section. Notwithstanding
P6    1any other provision of law, all notices, orders, judgments, decrees,
2decisions, rulings, opinions, memoranda, warrants, certificates of
3service,begin delete orend deletebegin insert writs, subpoenas, or other legal process orend insert similar
4documents that are signed, subscribed, or verified by computer or
5other technological means pursuant to this subdivision shall have
6the same validity, and the same legal force and effect, as paper
7documents signed, subscribed, or verified by a trial court or a
8judicial officer of the court.

9(h) A court record created, maintained, preserved, or reproduced
10in accordance with subdivisions (a) and (c) shall be stored in a
11manner and in a place that reasonably ensures its preservation
12against loss, theft, defacement, or destruction for the prescribed
13retention period under Section 68152.

14(i) A court record that was created, maintained, preserved, or
15reproduced in accordance with subdivisions (a) and (c) may be
16disposed of in accordance with the procedure under Section 68153,
17unless it is either of the following:

18(1)  A comprehensive historical and sample superior court record
19preserved for research under the California Rules of Court.

20(2)  A court record that is required to be preserved permanently.

21(j) Instructions for access to data stored on a medium other than
22paper shall be documented.

23(k) Each court shall conduct a periodic review of the media in
24which the court records are stored to ensure that the storage
25medium is not obsolete and that current technology is capable of
26accessing and reproducing the records. The court shall reproduce
27records before the expiration of their estimated lifespan for the
28medium in which they are stored according to the standards or
29guidelines established by the Judicial Council.

30(l) Unless access is otherwise restricted by law, court records
31created, maintained, preserved, or reproduced under subdivisions
32(a) and (c) shall be made reasonably accessible to all members of
33the public for viewing and duplication as the paper records would
34have been accessible. Unless access is otherwise restricted by law,
35court records maintained in electronic form shall be viewable at
36the court, regardless of whether they are also accessible remotely.
37Reasonable provision shall be made for duplicating the records at
38cost. Cost shall consist of all costs associated with duplicating the
39records as determined by the court.

P7    1

SEC. 2.  

Section 68151 of the Government Code is amended
2to read:

3

68151.  

The following definitions apply to this chapter:

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

5(1) All filed papers and documents in the case folder, but if no
6case folder is created by the court, all filed papers and documents
7that would have been in the case folder if one had been created.

8(2) Administrative records filed in an action or proceeding,
9depositions, transcripts, including preliminary hearing transcripts,
10and recordings of electronically recorded proceedings filed, lodged,
11or maintained in connection with the case, unless disposed of
12earlier in the case pursuant to law.

13(3) Other records listed under subdivision (g) of Section 68152.

14(b) “Notice of destruction and no transfer” means that the clerk
15of the court has given notice of destruction of the superior court
16records open to public inspection, and that there is no request and
17order for transfer of the records as provided in the California Rules
18of Court.

19(c) “Final disposition of the case” means that an acquittal,
20dismissal, or order of judgment has been entered in the case or
21proceeding, the judgment has become final, and no postjudgment
22motions or appeals are pending in the case or for the reviewing
23court upon the mailing of notice of the issuance of the remittitur.

24In a criminal prosecution, the order of judgment shall mean
25imposition of sentence, entry of an appealablebegin delete order (including,end delete
26begin insert order, including, end insert but not limited to, an order granting probation,
27commitment of a defendant for insanity, or commitment of a
28defendant as a narcotics addict appealable under Section 1237 of
29the Penalbegin delete Code),end deletebegin insert Code,end insert or forfeiture of bail without issuance of a
30bench warrant or calendaring of other proceedings.

31(d) “Retain permanently” means that the court records shall be
32maintained permanently according to the standards or guidelines
33established pursuant to subdivision (c) of Section 68150.

34

SEC. 3.  

Section 68152 of the Government Code is repealed.

35

SEC. 4.  

Section 68152 is added to the Government Code, to
36read:

37

68152.  

The trial court clerk may destroy court records under
38Section 68153 after notice of destruction, and if there is no request
39and order for transfer of the records, except the comprehensive
40historical and sample superior court records preserved for research
P8    1under the California Rules of Court, when the following times
2have expired after the date of final disposition of the case in the
3categories listed:

4(a) Civil actions and proceedings, as follows:

5(1) Except as otherwise specified: retain 10 years.

6(2) Civil unlimited cases, limited cases, and small claims cases,
7including after trial de novo, if any, except as otherwise specified:
8 retain for 10 years.

9(3) Civil judgments for unlimited civil cases: retain permanently.

10(4) Civil judgments for limited and small claims cases: retain
11for 10 years, unless judgment is renewed. If judgment is renewed,
12retain judgment for length of renewal pursuant to Article 2
13(commencing with Section 683.110) of Chapter 3 of Division 1
14of Title 9 of Part 2 of the Code of Civil Procedure.

15(5) If a party in a civil case appears by a guardian ad litem:
16retain for 10 years after termination of the court’s jurisdiction.

17(6) Civil harassment, domestic violence, elder and dependent
18adult abuse, private postsecondary school violence, and workplace
19violence cases: retain for the same period of time as the duration
20of the restraining or other orders and any renewals thereof, then
21retain the restraining or other ordersbegin insert permanentlyend insert as abegin delete judgment
22forend delete
begin insert judgment;end insert 60 days after expiration of the temporary restraining
23or other temporary ordersbegin insert; retain judgments establishing paternity
24under Section 6323 of the Family Code permanentlyend insert
.

25(7) Family law, except as otherwise specified: retain for 30
26years.

27(8) Adoption: retain permanently.

28(9) Parentage: retain permanently.

29(10) Change of name, gender, or name and gender: retain
30permanently.

31(11) Probate:

32(A) Decedent estates: retain permanently all orders, judgments,
33and decrees of the court, all inventories and appraisals, and all
34wills and codicils of the decedent filed in the case, including those
35not admitted to probate. All other records: retain for five years
36after final disposition of the estate proceeding.

37(B) Wills and codicils transferred or delivered to the court
38pursuant to Section 732, 734,begin delete 8200,end delete or 8203 of the Probate Code:
39retain permanently.begin insert For wills and codicils delivered to the clerk
P9    1of the court under Section 8200 of the Probate Code, retain the
2original documents as provided in Section 26810.end insert

3(C) Substitutes for decedent estate administration:

4(i) Affidavit procedures for real property of small value under
5Chapter 3 (commencing with Section 13100) of Part 1 of Division
68 of the Probate Code: retain permanently.

7(ii) Proceedings for determining succession to property under
8Chapter 4 (commencing with Section 13150) of Part 1 of Division
98 of the Probate Code: retain permanently all inventories and
10appraisals and court orders. Other records: retain for five years
11after final disposition of the proceeding.

12(iii) Proceedings for determination of property passing or
13belonging to surviving spouse under Chapter 5 (commencing with
14Section 13650) of Part 2 of Division 8 of the Probate Code: retain
15permanently all inventories and appraisals and court orders. Other
16records: retain for five years after final disposition of the
17proceeding.

18(D) Conservatorships: retain permanently all court orders.
19Documents of trusts established under substituted judgment
20pursuant to Section 2580 of the Probate Code: retain as provided
21in clause (iii) of subparagraph (G). Other records: retain for five
22years after the later of either (i) the final disposition of the
23conservatorship proceeding, or (ii) the date of the conservatee’s
24death, if that date is disclosed in the court’s file.

25(E) Guardianships: retain permanently orders terminating the
26guardianship, if any, and court orders settling final account and
27ordering distribution of the estate. Other records: retain for five
28years after the later of (i) the final disposition of the guardianship
29proceeding, or (ii) the earlier of the date of the ward’s death, if
30that date is disclosed in the court’s file, or the date the ward reaches
3123 years of age.

32(F) Compromise of minor’s or disabled person’s claim or action,
33and disposition of judgment for minors and disabled persons under
34Section 372 of the Code of Civil Procedure and Chapter 4
35(commencing with Section 3600) of Part 8 of Division 4 of the
36Probate Code:

37(i) Retain permanently judgments in favor of minors or disabled
38persons, orders approving compromises of claims and actions and
39disposition of the proceeds of judgments, orders directing payment
40of expenses, costs, and fees, orders directing deposits into blocked
P10   1accounts and receipts and acknowledgments of those orders, and
2orders for the withdrawal of funds from blocked accounts.

3(ii) Retain other records for the same retention period as for
4records in the underlying case. If there is no underlying case, retain
5for five years after the later of either (I) the date the order for
6payment or delivery of the final balance of the money or property
7is entered, or (II) the earlier of the date of the minor’s death, if that
8date is disclosed in the court’s file, or the date the minor reaches
923 years of age.

10(G) Trusts:

11(i) Proceedings under Part 5 (commencing with Section 17000)
12of Division 9 of the Probate Code: retain permanently.

13(ii) Trusts created by substituted judgment under Section 2580
14of the Probate Code: retain permanently all trust instruments and
15court orders. Other records: retain as long as the underlying
16conservatorship file is retained.

17(iii) Special needs trusts: retain permanently all trust instruments
18and court orders. Other records: retain until the later of either (I)
19the retention date of “other records” in the beneficiary’s
20conservatorship or guardianship file under subparagraph (D) or
21(E), if any, or (II) five years after the date of the beneficiary’s
22death, if that date is disclosed in the court’s file.

23(H) All other proceedings under the Probate Code: retain as
24provided for civil cases.

25(12) Mental health:

26(A) Lanterman Developmental Disabilities Services Act: retain
27for 10 years.

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

29(C) Riese (capacity) hearings under Sections 5333 and 5334 of
30the Welfare and Institutions Code: retain for the later of either (i)
3120 years after the date of the capacity determination order, or (ii)
32the court records retention date of the underlying involuntary
33treatment or commitment proceeding, if any.

34(D) Petitions under Chapter 3 (commencing with Section 8100)
35of Division 8 of the Welfare and Institutions Code for the return
36of firearms to petitioners who relinquished them to law
37enforcement while detained in a mental health facility: retain for
3810 years.

39(13) Eminent domain: retain permanently.

P11   1(14) Real property other than unlawful detainer: retain
2permanently if the action affects title or an interest in real property.

3(15) Unlawful detainer: retain for one year if judgment is only
4for possession of the premises; retain for 10 years if judgment is
5for money, or money and possession.

6(b) Notwithstanding subdivision (a), any civil or small claims
7case in the trial court:

8(1) Involuntarily dismissed by the court for delay in prosecution
9or failure to comply with state or local rules: retain for one year.

10(2) Voluntarily dismissed by a party without entry of judgment:
11retain for one year.

12 (c) Criminal actions and proceedings, as follows:

13(1) Capital felony in which the defendant is sentenced to death,
14and any felony resulting in a sentence of life or life without the
15possibility of parole: retain permanently, including records of the
16cases of any codefendants and any related cases, regardless of the
17disposition. For the purpose of this paragraph, “capital felony”
18means murder with special circumstances when the prosecution
19seeks the death penalty. Records of the cases of codefendants and
20related cases required to be retained under this paragraph shall be
21limited to those cases that are factually linked or related to the
22charged offense, that are identified in the courtroom, and that are
23placed on the record. If a capital felony is disposed of by a sentence
24less than death, or imprisonment for life or life without the
25possibility of parole, the judgment shall be retained permanently,
26and the record shall be retained for 50 years or for 10 years after
27the official written notification of the death of the defendant. If a
28capital felony is disposed of by an acquittal, the record shall be
29retained for 10 years.

30(2) Felony, except as otherwise specified, and in any felony or
31misdemeanor case resulting in a requirement that the defendant
32register as a sex offender under Section 290 of the Penal Code:
33retain judgment permanently. For all other documents: retain for
3450 years or the maximum term of the sentence, whichever is longer.
35However, any record other than the judgment may be destroyed
3610 years after the death of the defendant. Felony case files that do
37not include final sentencing or other final disposition because the
38case was bound over from a former municipal court to the superior
39court and not already consolidated with the superior court felony
P12   1case file: retain for 10 years from the disposition of the superior
2court case.

3(3) Felony reduced to a misdemeanor: retain in accordance with
4the retention period for the relevant misdemeanor.

5(4) Felony, if the charge is dismissed, except as provided in
6paragraph (6): retain for three years.

7(5) Misdemeanor, if the charge is dismissed, except as provided
8in paragraph (6): retain for one year.

9(6) Dismissal under Section 1203.4 or 1203.4a of the Penal
10Code: retain for the same retention period as for records of the
11underlying case. If the records in the underlying case have been
12destroyed, retain for five years after dismissal.

13(7) Misdemeanor, except as otherwise specified: retain for five
14years. For misdemeanors alleging a violation of Section 23109,
1523109.5, 23152, or 23153 of the Vehicle Code: retain for 10 years.

16(8) Misdemeanor alleging a marijuana violation under
17subdivision (c), (d), or (e) of Section 11357 of the Health and
18Safety Code, or subdivision (b) of Section 11360 of the Health
19and Safety Code: records shall be destroyed, or redacted in
20accordance with subdivision (c) of Section 11361.5 of the Health
21and Safety Code, two years from the date of conviction, or from
22the date of arrest if no conviction, if the case is no longer subject
23to review on appeal, all applicable fines and fees have been paid,
24and the defendant has complied with all terms and conditions of
25the sentence or grant of probation. However, as provided in
26subdivision (a) of Section 11361.5 of the Health and Safety Code
27and paragraph (5) of subdivision (e) of this section, records of a
28misdemeanor alleging a marijuana violation under subdivision (e)
29of Section 11357 of the Health and Safety Code shall be retained
30until the offender attains 18 years of age, at which time the records
31shall be destroyed as provided in subdivision (c) of Section 11361.5
32of the Health and Safety Code.

33(9) Misdemeanor reduced to an infraction: retain in accordance
34with the retention period for the relevant infraction.

35(10) Infraction, except as otherwise specified: retain for one
36year. Vehicle Code infraction: retain for three years. Infraction
37alleging a marijuana violation under subdivision (b) of Section
3811357 of the Health and Safety Code: if records are retained past
39the one-year minimum retention period, the records shall be
40destroyed or redacted in accordance with subdivision (c) of Section
P13   111361.5 of the Health and Safety Code two years from the date of
2conviction, or from the date of arrest if no conviction, if the case
3is no longer subject to review on appeal, all applicable fines and
4fees have been paid, and the defendant has complied with all terms
5and conditions of the sentence or grant of probation.

6(11) Criminal protective order: retain until the order expires or
7is terminated.

8(12) Arrest warrant: retain for the same retention period as for
9records in the underlying case. If there is no underlying case, retain
10for one year from the date of issue.

11(13) Search warrant:begin delete retain for the same retention period as for
12records in the underlying case. If there is no underlying case, retain
13for five years from the date of issue.end delete

begin insert

14(A) If there is no underlying case, retain for five years from the
15date of issue.

end insert
begin insert

16(B) If there is any underlying case, retain for 10 years from the
17date of issue or, if the retention period for records in the underlying
18case is less than 10 years or if the underlying case is a capital
19felony described in paragraph (1) of subdivision (c), retain for the
20same retention period as for records in the underlying case.

end insert

21(14) Probable cause declarations: retain for the same retention
22period as for records in the underlying case. If there is no
23underlying case, retain for one year from the date of declaration.

24(15) Proceedings for revocation of postrelease community
25supervision or postrelease parole supervision: retain for five years
26after the period of supervision expires or is terminated.

27(d) Habeas corpus:

28(1) Habeas corpus in criminal and family law matters: retain
29for the same retention period as for records in the underlying case,
30whether granted or denied.

31(2) Habeas corpus in mental health matters: retain all records
32for the same retention period as for records in the underlying case,
33whether granted or denied. If there is no underlying case, retain
34records for 20 years.

35(e) Juveniles:

36(1) Dependent pursuant to Section 300 of the Welfare and
37Institutions Code: upon reaching 28 years of age, or on written
38request, shall be released to the juvenile five years after jurisdiction
39over the person has terminated under subdivision (a) of Section
40826 of the Welfare and Institutions Code. Sealed records shall be
P14   1destroyed upon court order five years after the records have been
2sealed pursuant to subdivision (c) of Section 389 of the Welfare
3and Institutions Code.

4(2) Ward pursuant to Section 601 of the Welfare and Institutions
5Code: upon reaching 21 years of age, or on written request, shall
6be released to the juvenile five years after jurisdiction over the
7person has terminated under subdivision (a) of Section 826 of the
8Welfare and Institutions Code. Sealed records shall be destroyed
9upon court order five years after the records have been sealed under
10subdivision (d) of Section 781 of the Welfare and Institutions
11Code.

12(3) Ward pursuant to Section 602 of the Welfare and Institutions
13Code: upon reaching 38 years of age under subdivision (a) of
14Section 826 of the Welfare and Institutions Code. Sealed records
15shall be destroyed upon court order when the subject of the record
16reaches 38 years of age under subdivision (d) of Section 781 of
17the Welfare and Institutions Code.

18(4) Traffic and some nontraffic misdemeanors and infractions
19pursuant to Section 601 of the Welfare and Institutions Code: upon
20reaching 21 years of age, or five years after jurisdiction over the
21person has terminated under subdivision (c) of Section 826 of the
22Welfare and Institutions Code. Records may be microfilmed or
23photocopied.

24(5) Marijuana misdemeanor under subdivision (e) of Section
2511357 of the Health and Safety Code in accordance with procedures
26specified in subdivision (a) of Section 11361.5 of the Health and
27Safety Code: upon reaching 18 years of age, the records shall be
28destroyed.

29(f) Court records of the appellate division of the superior court:
30retain for five years.

31(g) Other records:

32(1) Bench warrant: retain for the same retention period as for
33records in the underlying case. For a bench warrant issued for a
34misdemeanor, retain records for the same retention period as for
35records in the underlying misdemeanor following issuance. If there
36is no return on the warrant, the court may dismiss on its own
37motion and immediately destroy the records.

38(2) Body attachment: retain for same retention period as for
39records in the underlying case.

40(3) Bond: retain for three years after exoneration and release.

P15   1(4) Court reporter notes:

2(A) Criminal and juvenile proceedings: retain notes for 10 years,
3except as otherwise specified. Notes reporting proceedings in
4capital felony cases (murder with special circumstances when the
5prosecution seeks the death penalty and the sentence is death),
6including notes reporting the preliminary hearing, shall be retained
7permanently, unless the Supreme Court on request of the court
8clerk authorizes the destruction.

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

10(5) Electronic recordings made as the official record of the oral
11proceedings under the California Rules of Court may be destroyed
12or deleted as follows:

13(A) Any time after final disposition of the case in infraction and
14misdemeanor proceedings.

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

16(C) After five years in all other proceedings.

17(6) Electronic recordings not made as the official record of the
18oral proceedings under the California Rules of Court may be
19destroyed at any time at the discretion of the court.

20(7) Fee waiver applications: retain for the same retention period
21as for records in the underlying case.

22(8) Judgments within the jurisdiction of the superior court other
23than in a limited civil case, misdemeanor case, or infraction case:
24retain permanently.

25(9) Judgments in misdemeanor cases, infraction cases, and
26limited civil cases: retain for the same retention period as for
27records in the underlying case.

28(10) Juror proceedings, including sanctions: retain for one year.

29(11) Minutes: retain for the same retention period as for records
30in the underlying case.

31(12) Orders not associated with an underlying case, such as
32orders for the destruction of court records for telephone taps, orders
33to destroy drugs, and other miscellaneous court orders: retain for
34one year.

35(13) Naturalization index: retain permanently.

36(14) Index for cases alleging traffic violations: retain for the
37same retention period as for records in the underlying case.

38(15) Index, except as otherwise specified: retain permanently.

P16   1(16) Register of actions or docket: retain for the same retention
2period as for records in the underlying case, but in no event less
3than 10 years for civil and small claims cases.

4(h) Retention of the court records under this section shall be
5extended by order of the court on its own motion, or on application
6of a party or an interested member of the public for good cause
7shown and on those terms as are just. A fee shall not be charged
8for making the application.

9(i) The record retention periods provided in this section, as
10amended effective January 1, 2014, apply to all court records in
11existence prior to that date as well as to records created on or after
12that date.

13begin insert

begin insertSEC. 5.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
14Section 68150 of the Government Code proposed by both this bill
15and Assembly Bill 1167. It shall only become operative if (1) both
16bills are enacted and become effective on or before January 1,
172014, (2) each bill amends Section 68150 of the Government Code,
18and (3) this bill is enacted after Assembly Bill 1167, in which case
19Section 1 of this bill shall not become operative.

end insert


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