Amended in Senate April 1, 2013

Senate BillNo. 513


Introduced by Senator Hancock

February 21, 2013


An act tobegin delete amend Section 65470 ofend deletebegin insert add Section 851.87 toend insert thebegin delete Governmentend deletebegin insert Penalend insert Code, relating tobegin delete local developmentend deletebegin insert diversion programsend insert.

LEGISLATIVE COUNSEL’S DIGEST

SB 513, as amended, Hancock. begin deleteLocal development.end deletebegin insert Diversion programs: sealed records.end insert

Existing lawbegin delete authorizes a city or a county to participate in the Transit Priority Project Program by adopting an ordinance to that effect and forming an infrastructure finance district. Existing law requires a development project located within a district that participates in the program to meet certain requirements, including the requirement that the project provides 20% affordable units in rental or owner-occupied housing for low- or moderate-income persons and families, or pays a fee in an amount equivalent to the cost to provide affordable units elsewhere within the city’s or county’s jurisdiction, as determined by the city or county.end deletebegin insert provides that, upon successful completion of a drug diversion program or deferred entry of judgment program, the court may order the sealing of court and arrest records of the diverted charges where the interests of justice would be served, as specified.end insert

This bill wouldbegin delete revise that percentage requirement to 10%.end deletebegin insert provide that in any case where a person is arrested and successfully completes a diversion program administered by a prosecuting attorney in lieu of filing an accusatory pleading, the person may petition the superior court that would have had jurisdiction over the matter for an order to seal the records of the arresting agency and related court files and records, and the court may issue that order if the court finds that doing so will be in furtherance of justice. The bill would provide that the Department of Justice shall continue to be able to maintain and disseminate any records or documents received or maintained by it, as authorized by law.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertThe Legislature finds and declares that in order
2to allow a person who has been arrested and who successfully
3completes a diversion program administered by a prosecuting
4attorney in lieu of filing an accusatory pleading to become a law
5abiding and productive member of society, the records of the
6arresting agency and related court files and records shall be
7sealed.end insert

8begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 851.87 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
9

begin insert851.87.end insert  

(a) (1) In any case where a person is arrested and
10successfully completes a diversion program administered by a
11prosecuting attorney in lieu of filing an accusatory pleading, the
12person may, two years after successful completion of the diversion
13program as determined by the prosecuting attorney, petition the
14superior court that would have had jurisdiction over the matter
15to issue an order to seal the records of the arresting agency and
16related court files and records, and the court may order those
17records sealed if the court finds that doing so will be in furtherance
18of justice. A copy of the petition shall be served on the law
19enforcement agency and the prosecuting attorney of the county or
20city having jurisdiction over the offense at least 10 days prior to
21the hearing. The prosecuting attorney and the law enforcement
22agency, through the prosecuting attorney, may present evidence
23to the court at the hearing.

24(2) If the order is made, the clerk of the court shall thereafter
25not allow access to any records concerning the case, including
26the court file, index, register of actions, or other similar records.

27(3) If the order is made, the court shall give a copy of the order
28to the person and inform the person that he or she may thereafter
29state that he or she was not arrested for the charge.

P3    1(4) The person may, except as specified in subdivisions (b), (c),
2and (d), indicate in response to any question concerning the
3person’s prior criminal record that the person was not arrested.

4(5) Subject to subdivisions (b), (c), and (d), a record pertaining
5to the arrest shall not, without the person’s permission, be used
6in any way that could result in the denial of any employment,
7benefit, or certificate.

8(6) A sealing order made pursuant to this subdivision shall not
9be forwarded to the Department of Justice to be included or notated
10in the department’s manual or electronic fingerprint image or
11criminal history record systems. Any sealing order made pursuant
12to this subdivision and received by the Department of Justice need
13not be processed by the department.

14(b) The person shall be advised that, regardless of the person’s
15successful completion of the diversion program, the arrest shall
16be disclosed by the Department of Justice in response to any peace
17officer application request, and that, notwithstanding subdivision
18(a), this section does not relieve the person of the obligation to
19disclose the arrest in response to any direct question contained in
20any questionnaire or application for a position as a peace officer,
21as defined in Section 830.

22(c) The person shall be advised that, regardless of the person’s
23successful completion of the diversion program, the arrest shall
24be disclosed by the Department of Justice or the court in which
25the matter was heard in response to any subsequent inquiry by the
26district attorney, court, probation department, or counsel for the
27person concerning the person’s eligibility for any diversion
28program administered by a prosecuting attorney in the future.

29(d) A sealing order made pursuant to this section shall not apply
30to any record or document received or maintained by the
31Department of Justice. Upon issuing the sealing order, the court
32shall advise the person that, notwithstanding the issuance of a
33sealing order pursuant to this section, the Department of Justice
34shall continue to be able to maintain and disseminate any records
35or documents received or maintained by the department, as
36authorized by law.

end insert
begin delete
37

SECTION 1.  

Section 65470 of the Government Code is
38amended to read:

39

65470.  

(a) (1) It is the intent of the Legislature to provide a
40process for cities and counties to create development patterns in
P4    1the form of transit priority projects that comply with Chapter 4.2
2(commencing with Section 21155) of Division 13 of the Public
3Resources Code, create jobs, reduce vehicle miles traveled, expand
4the availability of accessible open-space, build the density needed
5for transit viability, and meet regional housing targets.

6(2) It is the intent of the Legislature that, when implemented, a
7Transit Priority Project Program will help a development project
8in meeting the standards for expedited review under paragraph (2)
9of subdivision (a) of Section 65950.

10(b) (1) A city or county may participate in the Transit Priority
11Project Program by adopting an ordinance indicating its intent to
12participate in the program and by forming an infrastructure
13financing district pursuant to Article 1 (commencing with Section
1453395) of Chapter 2.8 of Part 1 of Title 5.

15(2) Nothing in this article shall be construed to add to the
16definitions of or to the requirements to implement Chapter 4.2
17(commencing with Section 21155) of Division 13 of the Public
18Resources Code.

19(c) If a city or county elects to participate in the program by
20adopting the ordinance described in subdivision (b) and forms an
21infrastructure financing district, the city or county shall amend, if
22necessary, the general plan and any related specific plan to
23authorize participating developers to build at an increased height
24of a minimum of three stories within the boundaries of the
25infrastructure financing district created pursuant to subdivision
26(b).

27(d) A Transit Priority Project Program development project
28shall meet all of the following requirements:

29(1) Is located in a designated transit priority project and within
30one-half of one mile of a transit station, pursuant to Section 21155
31of the Public Resources Code.

32(2) Is located within a zone in which buildings of three stories
33or more are authorized.

34(3) Meets State Air Resources Board land use guidelines with
35respect to distance from major emitters.

36(4) Provides onsite bicycle parking.

37(5) Provides for car sharing if a car sharing program is available
38in the city or county. The car sharing area may be onsite, or the
39developer may pay a fee to the city or county to cover the cost of
40providing for car sharing at an offsite location near the project.
P5    1The developer shall provide one car share for the first 20 units and
2one car share for every 50 units thereafter.

3(6) Provides unbundled parking.

4(7) Provides to all units transit passes for 10 years as part of the
5rent or condo fees if transit passes are available from local
6providers.

7(8) Provides to tenants recycling for bottles, cans, paper, and
8plastic containers.

9(9) Provides open space onsite, including, but not limited to,
10accessible roof gardens, or pays a fee into a fund established for
11local open space. The fee shall not exceed 10 cents ($0.10) per
12square foot.

13(10) Provides 10 percent affordable units in rental or owner
14occupied housing for low- or moderate-income persons and
15families, or pays a fee in an amount equivalent to the cost to
16provide affordable units elsewhere within the city’s or county’s
17jurisdiction, as determined by the city or county. The developer
18shall require, by covenants or restrictions, that the housing units
19built pursuant to this paragraph shall remain available at affordable
20housing cost to, and occupied by, persons and families of low- or
21moderate-income households for the longest feasible time, but for
22not less than 55 years for rental units and 45 years for
23owner-occupied units.

24(11) Pays prevailing wages to construction workers for
25residential projects over 100 units pursuant to Sections 1770, 1773,
26and 1773.1 of the Labor Code.

27(12) For purposes of this subdivision, “unbundled parking”
28means renting a parking space for the residential units separately
29from the residential units, or pays a fee to the appropriate local
30transit management fund to cover one-half of the cost to provide
31a parking space.

32(e) (1) A development project that meets the criteria established
33in subdivision (d) shall comply with any local design guidelines
34that were adopted prior to the submission of the project application.

35(2) The infrastructure financing district formed pursuant to
36subdivision (b) may reimburse a developer of a project that is
37consistent with the requirements established in subdivision (d) for
38any permit costs, or costs associated with the construction of the
39affordable housing units required pursuant to paragraph (10) of
40subdivision (d).

P6    1(f) This article shall not apply to a city or county that has
2adopted language in its charter or by ordinance or resolution that
3does either of the following:

4(1) Provides that the requirements of Chapter 1 (commencing
5with Section 1720) of Part 7 of Division 2 of the Labor Code do
6not apply to some or all work awarded or funded by the city or
7county that would otherwise be subject to those requirements.

8(2) Prohibits a contractor, subcontractor, or other person or firm
9engaged in the construction, rehabilitation, alteration, conversion,
10extension, maintenance, repair, or improvement of public works,
11from executing or otherwise becoming a party to any prehire,
12collective bargaining, or similar agreement entered into with one
13or more labor organizations, employees, or employee
14representatives that establishes the terms and conditions of
15employment on a construction project, or the city or county from
16incorporating such an agreement into the bid specifications or
17contract for a construction project, or the governing body of the
18city or county from deciding that the city or county should enter
19into such an agreement for a particular construction project or
20projects.

end delete


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