BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 666|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 666
Author: Mark Stone (D)
Amended: 8/31/15 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-1, 7/7/15
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Stone
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: 5-2, 8/27/15
AYES: Lara, Beall, Hill, Leyva, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: 42-33, 6/2/15 - See last page for vote
SUBJECT: Juveniles: sealing of records
SOURCE: Commonweal, the Juvenile Justice Program
DIGEST: This bill makes a number of clarifications and
revisions concerning the sealing of juvenile records and the
dismissal of juvenile cases, as specified.
ANALYSIS:
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
AB 666
Page 2
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. (Welf. & Inst. Code, § 781, subd.
(a).)
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. (Welf. & Inst. Code, § 781, subd.
(a).)
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 section 707(b), which are offenses for which
certain minors could be tried in adult court under specified
circumstances. (Welf. & Inst. Code, § 781, subd. (a).)
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. (Welf. & Inst. Code, § 781,
subd. (e).)
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. (Welf. & Inst. Code, § 782.)
6) States that any person who was under the age of 18 when he
or she was arrested for a misdemeanor may petition the court
in which the proceedings occurred or, if there were no court
proceedings, the court in whose jurisdiction the arrest
AB 666
Page 3
occurred, for an order sealing the records in the case,
including any records of arrest and detention, in certain
circumstances. (Pen. Code, § 851.7.)
7) Provides that a person who was under the age of 18 at the
time of commission of a misdemeanor and is eligible for, or
has previously received expungement relief, may petition the
court for an order sealing the record of conviction and other
official records in the case, including arrest records and
records relating to other offenses charged in the accusatory
pleading, whether the defendant was acquitted, or the charges
dismissed. Thereafter the conviction, arrest, or other
proceeding shall be deemed not to have occurred, and the
petitioner may answer accordingly any question relating to
their occurrence. (Pen. Code, § 1203.45, subd. (a).)
8) 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. (Welf. & Inst. Code, § 786.)
This bill:
1) Requires a court to order sealed all records pertaining to a
dismissed petition in the custody of the juvenile court, and
in the custody of law enforcement agencies, the probation
department, or the Department of Justice, with subsequent
permissible access as specified below.
2) Requires the court to send a copy of the order to each
agency and official named therein, directing the agency to
seal its records and specifying a date thereafter to destroy
AB 666
Page 4
the sealed records.
3) 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.
4) 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.
5) 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.
6) 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.
7) Specifies that an unfulfilled order or condition of
restitution, including a restitution fine or fee, that can be
converted to a civil judgment under Section 730.6 or an
unpaid restitution fee shall not be deemed to constitute
unsatisfactory completion of supervision or probation under
this section.
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, the probation department
or the court for the limited purpose of determining
whether the minor is eligible and suitable for deferred
AB 666
Page 5
entry of judgment or is eligible 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) Upon a subsequent adjudication of a minor whose record
has been sealed and a finding that the minor is delinquent
based on a felony offense, by the probation department,
prosecuting attorney, counsel for the minor, or the court
for the limited purpose of determining an appropriate
juvenile court disposition. Access, inspection, or use of
a sealed record in this circumstance "shall not be
construed as a reversal or modification of the court's
order dismissing the petition and to sealing record in the
prior case."
e) Upon the prosecuting attorney's motion to initiate
court proceedings to determine a minor's fitness for
juvenile court, by the probation department, the
prosecuting attorney, counsel for the minor, or the court
for the limited purpose of evaluating and determining the
minor's fitness to be dealt with under the juvenile court
law. "Access, inspection, or use of a sealed record" in
this circumstances shall not be construed as a reversal or
modividation of the court's order dismissing the petition
and sealing the record in the prior case.
f) By the person whose record has been sealed, upon his
or her request and petition to the court to permit
AB 666
Page 6
inspection of the records, as specified.
9) States that access to or inspection of a sealed record
authorized by these provisions shall not be deemed an opening
of the record and shall not require notice to any other
agency.
10)Provides that these provisions do not prohibit a court from
enforcing a civil judgment for an unfulfilled order of
restitution, as specified, and that a minor is not relieved
from the obligation to pay victim restitution, restitution
fines, and court-ordered fines and fees because the minor's
records are sealed.
11)Provides that a victim or a local collection program may
continue to enforce victim restitution orders, restitution
fines, and court-ordered fines and fees after a record is
sealed, and that the juvenile court shall have access to any
records sealed for the limited purpose of enforcing a civil
judgment or restitution order.
12)Requires the 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.
13)Revises the exclusion of Welfare and Institutions Code (WIC)
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 unless the finding on that
offense was dismissed or was reduced to a lesser offense that
is not listed in WIC Section 707(b).
14)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.
15)Authorizes the court, in making its order to seal the record
and dismiss the instant petition pursuant to this section,
include an order to seal a record relating to, or to dismiss,
any prior petition or petitions that have been filed or
AB 666
Page 7
sustained against the individual and that appear to the
satisfaction of the court to meet the sealing and dismissal
criteria otherwise described in this section.
16)Authorizes a record sealed to be accessed by a law
enforcement agency, probation department, court, or other
state or local agency that has custody of the sealed record
for the limited purpose of complying with data collection or
data reporting requirements that are imposed by other
provisions of law. However, no personally identifying
information from a sealed record accessed under this
subdivision may be released, disseminated, or published by or
through an agency, department, court, or individual that has
accessed or obtained information from the sealed record.
17)Provides that a court may authorize a researcher or research
organization to access information contained in records that
have been sealed pursuant to WIC Sections 781 or 786 for the
purpose of conducting research on juvenile justice
populations, practices, policies, or trends, subject to
specified conditions.
NOTE: See Senate Public Safety Committee analysis for a
complete discussion of this bill.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Potentially significant state court costs in the range of
$200,000 to $400,000 (General Fund*) annually to comply with
the administrative and noticing requirements specified in this
bill.
Minor one-time costs of $10,000 to $20,000 (General Fund*) to
the Judicial Council for the creation of rules and necessary
AB 666
Page 8
forms.
Potentially significant ongoing state-reimbursable costs in
the hundreds of thousands dollars (General Fund) annually to
local law enforcement agencies and probation departments to
seal and subsequently destroy all specified records in the
entity's custody. Costs would vary by county and be dependent
on the number and volume of records to be sealed and
destroyed.
* Trial Court Trust Fund
SUPPORT: (Verified 8/28/15)
Commonweal, the Juvenile Justice Program (source)
American Civil Liberties Union of California
Aspiranet
California Attorneys for Criminal Justice
California Coalition for Youth
California Public Defenders Association
Center on Juvenile and Criminal Justice
Juvenile Court Judges of California
League of Women Voters of California
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Youth Law Center
OPPOSITION: (Verified8/28/15)
California District Attorneys Association
California State Sheriffs' Association
Sacramento County District Attorney
ARGUMENTS IN SUPPORT: The author states in part, "AB 666
AB 666
Page 9
clarifies and amends Section 786 of the Welfare and Institutions
Code (WIC), added last year by Senator Leno's SB 1038. SB 1038
provided for the automatic sealing of court records and
auto-dismissal of charges upon satisfactory completion of
diversion or probation by juveniles with non-violent/non-serious
('non 707') offenses. Since enactment of SB 1038 problems have
arisen with the implementation of the statute. AB 666 seeks
break down the barriers to achieving the goals set out in SB
1038."
ARGUMENTS IN OPPOSITION: Opponents state in part, "In
determining what "care, treatment, and guidance" is best for a
minor, a simple rule of thumb applies (and is articulated
throughout the W&I Code) -- the more information the court and
other involved agencies have, the more likely the juvenile
justice system as a whole will be able to tailor the services
provided to the minor to ensure that those services address the
minor's specific needs. Restricting access to potentially
important information about a minor's prior contacts with law
enforcement or the juvenile justice system in this manner is
tantamount to telling a diagnosing physician that she cannot
consider a patient's entire medical record in determining a
treatment plan. In an effort to extend the confidentiality
of juvenile records so that delinquency contacts from years past
do not burden people unduly in the future, this bill will in
fact have the unfortunate effect of preventing the juvenile
court, probation, and other agencies from accurately assessing
what level of intervention and treatment is appropriate for a
minor who has multiple contacts with the system. This is
certainly not of benefit to the minor, and is contrary to
"conformity with the interests of public safety and protection."
ASSEMBLY FLOOR: 42-33, 6/2/15
AYES: Alejo, Bloom, Bonta, Brown, Burke, Calderon, Campos,
Chau, Chiu, Chu, Cooley, Cooper, Daly, Dodd, Eggman, Cristina
Garcia, Eduardo Garcia, Gipson, Gomez, Gonzalez, Gordon, Roger
Hernández, Holden, Jones-Sawyer, Levine, Lopez, Low, McCarty,
Medina, Mullin, Nazarian, O'Donnell, Quirk, Rendon,
Ridley-Thomas, Santiago, Mark Stone, Thurmond, Ting, Weber,
Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Dababneh, Dahle, Beth Gaines, Gallagher, Gatto, Gray, Grove,
Hadley, Harper, Irwin, Jones, Kim, Lackey, Linder,
AB 666
Page 10
Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen,
Patterson, Perea, Salas, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Bonilla, Chávez, Frazier, Rodriguez, Williams
Prepared by:Alison Anderson / PUB. S. /
8/30/15 19:42:20
**** END ****