BILL ANALYSIS Ó
AB 666
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ASSEMBLY THIRD READING
AB
666 (Mark Stone)
As Amended April 9, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
|----------------+------+---------------------+----------------------|
|Public Safety |5-2 |Quirk, Gonzalez, |Melendez, Lackey |
| | |Jones-Sawyer, Low, | |
| | |Santiago | |
| | | | |
|----------------+------+---------------------+----------------------|
|Appropriations |12-5 |Gomez, Bloom, Bonta, |Bigelow, Chang, |
| | |Calderon, Daly, |Gallagher, Jones, |
| | |Eggman, Eduardo |Wagner |
| | |Garcia, Holden, | |
| | |Quirk, Rendon, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Requires records in the custody of law enforcement
agencies, the probation department, or any other public agency
having records pertaining to the case, to also be sealed, in a
case where a court has ordered a juvenile's records to be sealed,
as specified. Specifically, this bill:
1)Requires the court to send a copy of the order to each agency
and official named therein, directing the agency to seal its
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records and specifying a date thereafter to destroy the sealed
records.
2)States that each such agency and official shall seal the records
in its custody as directed by the order, advise the court of its
compliance and thereupon seal the copy of the court's order or
sealing of records that was received.
3)Requires the court to provide notice to the minor and minor's
counsel that it has ordered the petition dismissed and the
record sealed in the case, including notice of the minor's right
to nondisclosure of the arrest and proceedings as specified.
4)States that upon the court's order of dismissal of the petition,
the arrest and other proceedings in the case shall be deemed not
to have occurred and the person who was the subject of the
petition may properly reply accordingly to any inquiry by
employers, educational institutions or other persons or entities
regarding the arrest and proceedings in the case.
5)Provides that satisfactory completion of informal supervision or
another term of probation shall be deemed to have occurred if
the person has no new finding of wardship or conviction for a
felony offense for or a misdemeanor involving moral turpitude
during the period of supervision or probation and if he or she
has not failed substantially to comply with the reasonable
orders of supervision or probation that are within his or her
capacity to perform.
6)Prohibits the extension of the period of supervision or
probation solely for the purpose of deferring or delaying
eligibility for dismissal of the petition and sealing of the
records.
7)States that an unfulfilled order or condition of restitution
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that can be converted to a civil judgment shall not be deemed to
constitute unsatisfactory completion of supervision or
probation.
8)Specifies that a record that has been ordered sealed by the
court under this section may be accessed, inspected or used only
under the following circumstances:
a) By the prosecuting attorney and the probation department
for the limited purpose of determining whether the minor is
eligible for deferred entry of judgment or for a program of
supervision, as defined.
b) By the court for the limited purpose of verifying the
prior jurisdictional purpose of a ward who is petitioning the
court to resume its jurisdiction.
c) If a new petition has been filed against a minor for a
felony offense, by the probation department for the limited
purpose of identifying the minor's previous court-ordered
programs or placements, and in that event solely to determine
the individual's eligibility or suitability for remedial
programs or services. The information obtained under this
exception shall not be disseminated to other agencies or
individuals, except as necessary to implement referral to a
remedial program or service, and shall not be used to support
the imposition of penalties or detention or other sanctions
upon the minor.
d) By the person whose record has been sealed, upon his or
her request and petition to the court to permit inspection of
the records.
9)States that access to or inspection of a sealed record
authorized by these provisions shall not be deemed an opening of
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the record and shall not require notice to any other agency.
10)Requires Judicial Council to adopt rules of court, and shall
make available appropriate forms, providing for the standardized
implementation of this section by the juvenile courts.
11)Revises the exclusion of Welfare and Institutions Code Section
707(b) offenses from sealing under this section to specify that
the offense must have been committed when the minor was 14 years
of age or older.
12)States the finding of the Legislature that in order to protect
the privacy of children who have had their juvenile delinquency
court records sealed, it is necessary that related records in
the custody of law enforcement agencies, the probation
department, or any other public agency also be sealed.
EXISTING LAW:
1)Provides that five years or more after the jurisdiction of the
juvenile court has terminated over a person adjudged a ward of
the court or after a minor appeared before a probation officer,
or, in any case, at any time after the person has reached the
age of 18, the person or county probation officer, with
specified exceptions, may petition the juvenile court for
sealing of the records, including arrest records, relating to
the person's case, in the custody of the juvenile court, the
probation officer, or any other agency or public official.
2)States that once the court has ordered the person's records
sealed, the proceedings in the case shall be deemed never to
have occurred, and the person may reply accordingly to any
inquiry about the events.
3)Prohibits, notwithstanding any other provision of law, the court
from ordering a person's records sealed in any case in which the
person has been found to have committed an offense listed in
Welfare and Institutions Code Section 707(b), which are offenses
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for which certain minors could be tried in adult court.
4)Permits the court to access a file that has been sealed for the
limited purpose of verifying the prior jurisdictional status of
the ward who is petitioning the court to resume its
jurisdiction, as specified. This access is not to be deemed an
unsealing of the records.
5)Allows a judge of the juvenile court in which a petition was
filed to dismiss the petition, or to set aside the findings and
dismiss the petition, if the court finds that the interests of
justice 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. The court has
jurisdiction to order dismissal or setting aside of the findings
and dismissal 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.
6)Provides that, if a minor satisfactorily completes an informal
program of supervision, probation as specified, or a term of
probation for any offense other than a specified serious,
sexual, or violent offense, then 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. 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. This access shall not be
deemed an unsealing of the record and shall not require notice
to any other entity.
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FISCAL
EFFECT: According to the Assembly Appropriations Committee, minor
absorbable costs to the Judicial Council to adopt the required
rules of court.
Minor, potential reimbursable mandated costs to local agencies to
seal the specified juvenile records.
COMMENTS: According to the author, "AB 666 is an important measure that
can reduce recidivism and open doors to jobs and education for
many of California youth. The goal is to open pathways to college
and jobs for justice-involved youth whose criminal records and
histories stand in the way of employment and other re-entry
opportunities. SB 1038 (Leno), [Chapter 249, Statutes of 2014],
revised the central policy and process for the sealing and
dismissal of charges in non-violent juvenile delinquency cases.
However, in the past few months experience in the courts has
revealed implementation concerns. If passed AB 666 will provide
for statewide standards for the courts and ensure access of youth
to jobs and higher education."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0000226
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