BILL ANALYSIS Ó
SB 513
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Date of Hearing: July 3, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
SB 513 (Hancock) - As Amended: April 1, 2013
Policy Committee: Public SafetyVote:
5-2
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
As proposed to be amended , this bill provides that any person
who successfully completes a diversion program administered by a
prosecuting attorney in lieu of filing an accusatory pleading
may, two years after successful completion of the diversion
program as determined by the prosecuting attorney, petition the
court to seal the case records. Specifically, this bill:
1)Provides if the court determines it is in the interest of
justice to seal the records, the court shall inform the person
he or she may state that he or she was not arrested for the
charge, and provides that a record pertaining to the arrest
shall not be used in any way that could result in the denial
of any employment or benefits.
2)Requires that the person be advised that, regardless of the
person's successful completion of the diversion program, the
arrest shall be disclosed by DOJ in response to any peace
officer application request, and that this section does not
relieve the person of the obligation to disclose the arrest in
response to any direct question contained in any questionnaire
or application for a position as a peace officer, as defined.
FISCAL EFFECT
Unknown annual GF trial court costs, likely less than $100,000,
to the extent hearings are necessary to determine whether
sealing records is in the interest of justice. For every 100
30-minute hearings, the cost would be in the range of $25,000.
SB 513
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COMMENTS
1)Rationale . Sponsored by the San Francisco District Attorney's
Office, this bill provides a mechanism for sealing records for
a district attorney-administered diversion program, similar to
existing drug diversion programs.
The author cites a San Francisco Neighborhood Courts program,
whereby misdemeanor and infraction cases are heard by
volunteer community members, without judges or attorneys. The
community members apply restorative justice principles to the
hearings. If the person completes the agreed upon plan, their
case is not charged in criminal court. In 2012, the San
Francisco District Attorney's Office sent more than 700 cases
to Neighborhood Courts, and more than 500 of those cases were
successfully completed without court time. This program is
being replicated in Yolo County. Santa Barbara County also
operates a pre-charging diversion model.
2)Support includes the San Francisco, Yolo and Santa Barbara
District Attorneys' Offices, the CA Public Defenders
Association, and CA Attorneys for Criminal Justice. According
to the Judicial Council, "The Judicial Council believes that
the ability of an individual who is participating in a
pretrial diversion program to have his or her records sealed
provides a powerful incentive for these individuals to
successfully complete the program to avoid the consequences of
a criminal conviction or charge, including legal and practical
barriers to employment. Also, AB 513 would bring pretrial
diversion programs in line with existing provisions of law
relating to drug diversion programs and deferred entry of
judgment programs."
3)There is no known opposition .
4)Suggested Amendment . Per a suggestion from the Judicial
Council, specify that a hearing related to records sealing
will be conducted only if requested by the prosecuting
attorney within 10 days of receiving the petition, otherwise
the court may order the records sealed.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
SB 513
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