BILL NUMBER: SB 1038	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 4, 2014
	AMENDED IN SENATE  MARCH 28, 2014

INTRODUCED BY   Senator Leno
   (Coauthors: Assembly Members Ting and Yamada)

                        FEBRUARY 18, 2014

   An act to amend Section 782 of, and to add Section 786 to, the
Welfare and Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1038, as amended, Leno. Juveniles: dismissal of petition.
   Existing law subjects any person under 18 years of age who commits
a crime to the jurisdiction of the juvenile court, which may adjudge
that person to be a ward of the court, except as specified. Under
existing law, juvenile court proceedings to declare a minor a ward of
the court are commenced by the filing of a petition by the probation
officer, the district attorney after consultation with the probation
officer, or the prosecuting attorney, as specified. Existing law
authorizes a judge of the juvenile court to dismiss a petition, or
set aside the findings and dismiss a petition, at any time before the
minor reaches 21 years of  age   age,  if
the court finds that the interests of justice and the welfare of the
minor require that dismissal, or if the court finds that the minor is
not in need of treatment or  rehabilitation  
rehabilitation, regardless of whether the minor is, at the time of
the order, a ward or dependent child of the court  .
   This bill would delete the restriction that the petition be
dismissed before the minor reaches 21 years of age  and would,
instead, authorize a judge of the juvenile court to dismiss a
petition, or set aside the findings and dismiss the petition, if the
court finds that the interests of ju   stice and the welfare
of the person who is the subject of the petition require that
dismissal, or if it finds that he or she is not in need of treatment
or   rehabilitation, regardless of whether the person who is
the subject of the petition is, at the time of the order, a ward or
dependent child of the court. The bill would also provide that the
court is not required to maintain jurisdiction over a person who is
the subject of a petition between the time the court's jurisdiction
over that person terminates and the point at which his or her
petition is dismissed  .
   Existing law authorizes a juvenile court to, among other things,
order a minor who is the subject of a petition to declare the minor a
ward of the juvenile court, to participate in a program of
supervision for up to 6 months with the consent of the minor and the
minor's parents or guardian, without adjudging the minor a ward of
the court. Upon successful completion of the program of supervision,
existing law requires the petition to be dismissed.
   Existing law authorizes a person who is the subject of a juvenile
court record and other specified persons to petition the court for
the sealing of the records relating to the person's case at any time
after the person reaches 18 years of age, as specified. Existing law
permits a court to access a file sealed pursuant to these provisions
for the limited purpose of verifying the prior jurisdictional status
of a ward who is petitioning the court to resume its jurisdiction.
Existing law provides that this access shall not be deemed an
unsealing of the record and shall not require notice to any other
entity.
   This bill would additionally require the juvenile court to order
the petition of a minor who is subject to the jurisdiction of the
court dismissed if the minor satisfactorily completes a term of
probation, as specified. The bill would require the court to seal all
records in the custody of the juvenile court pertaining to that
dismissed petition or a petition dismissed upon satisfactory
completion of a program of supervision, as described above, but would
authorize a prosecuting attorney and the probation department of any
county to have access to those records after they are sealed for the
limited purpose of determining whether the minor is eligible for
deferred entry of judgment. The bill would authorize a court to
access a file sealed pursuant to these provisions for the limited
purpose of verifying the prior jurisdictional status of a ward who is
petitioning the court to resume its jurisdiction. The bill would
provide that this access shall not be deemed an unsealing of the
record and shall not require notice to any other entity.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 782 of the Welfare and Institutions Code is
amended to read:
   782.  A judge of the juvenile court in which a petition was filed
may dismiss the petition, or may set aside the findings and dismiss
the petition, if the court finds that the interests of justice and
the welfare of the  minor   person who is the
subject of the petition  require that dismissal, or if it finds
that  the minor   he or she  is not in need
of treatment or rehabilitation. The court has jurisdiction to order
dismissal or setting aside of the findings and dismissal regardless
of whether the  minor   person who is the
subject of the petition  is, at the time of the order, a ward or
dependent child of the court.  Nothing in this section shall be
interpreted to require the court to maintain jurisdiction over a
person who is the subject of a petition between the time the court's
jurisdiction over that person terminates and the point at which his
or her petition is dismissed. 
  SEC. 2.  Section 786 is added to the Welfare and Institutions Code,
to read:
   786.  If the minor satisfactorily completes  (1) 
 (a)  an informal program of supervision pursuant to
Section 654.2,  (2)   (b)  probation under
Section 725, or  (3)   (c)  a term of
probation for any offense not listed in subdivision (b) of Section
707, the court shall order the petition dismissed, and the arrest
upon which the judgment was deferred shall be deemed not to have
occurred. The court shall order sealed all records pertaining to that
dismissed petition in the custody of the juvenile court, except that
the prosecuting attorney and the probation department of any county
shall have access to these records after they are sealed for the
limited purpose of determining whether the minor is eligible for
deferred entry of judgment pursuant to Section 790. The court may
access a file that has been sealed pursuant to this section for the
limited purpose of verifying the prior jurisdictional status of a
ward who is petitioning the court to resume its jurisdiction pursuant
to subdivision (e) of Section 388. This access shall not be deemed
an unsealing of the record and shall not require notice to any other
entity.