as amended, Gonzalez.
begin deleteMental health: involuntary confinement. end delete
Existing law, the Lanterman-Petris-Short Act, provides for the involuntary detention and treatment of any person with a mental disorder who, as a result of the mental disorder, is a danger to others or to himself or herself, or is gravely disabled. Existing law establishes various requirements with respect to determinations to be made by a psychiatrist directly responsible for the person’s treatment as to the initial detention for evaluation and treatment, for various subsequent periods of confinement for treatment, and for the release of persons subject to the act. Existing law provides that if certain conditions are satisfied, the professional person in charge of the facility providing intensive treatment, his or her designee, and the professional person directly responsible for the person’s treatment shall not be held civilly or criminally liable for any action by a person released before or at the end of a specified 30-day treatment period.end delete
This bill would extend those immunity provisions to the attorney or advocate representing the person, the court-appointed commissioner or referee, the certification review hearing officer, and the peace officer responsible for the detainment of the person, for any action by a person released at or before the end of the 30-day treatment period.end delete
begin deleteno end delete.
State-mandated local program: no.
The people of the State of California do enact as follows:
The trial court clerk may destroy court records under
4Section 68153 after notice of destruction, and if there is no request
5and order for transfer of the records, except the comprehensive
6historical and sample superior court records preserved for research
7under the California Rules of Court, when the following times
8have expired after the date of final disposition of the case in the
10(a) Civil actions and proceedings, as follows:
11(1) Except as otherwise specified: retain 10 years.
12(2) Civil unlimited cases, limited cases, and small claims cases,
13including after trial de novo, if any, except as otherwise specified:
14retain for 10 years.
15(3) Civil judgments for unlimited civil cases: retain permanently.
16(4) Civil judgments for limited and small claims cases: retain
17for 10 years, unless judgment is renewed. If judgment is renewed,
18retain judgment for length of renewal pursuant to Article 2
P3 1(commencing with Section 683.110) of Chapter 3 of Division 1
2of Title 9 of Part 2 of the Code of Civil Procedure.
3(5) If a party in a civil case appears by a guardian ad litem:
4retain for 10 years after termination of the court’s jurisdiction.
5(6) Civil harassment, domestic violence, elder and dependent
6adult abuse, private postsecondary school violence, and workplace
7violence cases: retain for the same period of time as the duration
8of the restraining or other orders and any renewals thereof, then
9retain the restraining or other orders permanently as a judgment;
1060 days after expiration of the temporary restraining or other
11temporary orders; retain judgments establishing paternity under
12Section 6323 of the Family Code permanently.
13(7) Family law, except as otherwise specified: retain for 30
15(8) Adoption: retain permanently.
16(9) Parentage: retain permanently.
17(10) Change of name, gender, or name and gender: retain
20(A) Decedent estates: retain permanently all orders, judgments,
21and decrees of the court, all inventories and appraisals, and all
22wills and codicils of the decedent filed in the case, including those
23not admitted to probate. All other records: retain for five years
24after final disposition of the estate proceeding.
25(B) Wills and codicils transferred or delivered to the court
26pursuant to Section 732, 734, or 8203 of the Probate Code: retain
27permanently. For wills and codicils delivered to the clerk of the
28court under Section 8200 of the Probate Code, retain the original
29documents as provided in Section 26810.
30(C) Substitutes for decedent estate administration:
31(i) Affidavit procedures for real property of small value under
32Chapter 3 (commencing with Section 13100) of Part 1 of Division
338 of the Probate Code: retain permanently.
34(ii) Proceedings for determining succession to property under
35Chapter 4 (commencing with Section 13150) of Part 1 of Division
368 of the Probate Code: retain permanently all inventories and
37appraisals and court orders. Other records: retain for five years
38after final disposition of the proceeding.
39(iii) Proceedings for determination of property passing or
40belonging to surviving spouse under Chapter 5 (commencing with
P4 1Section 13650) of Part 2 of Division 8 of the Probate Code: retain
2permanently all inventories and appraisals and court orders. Other
3records: retain for five years after final disposition of the
5(D) Conservatorships: retain permanently all court orders.
6Documents of trusts established under substituted judgment
7pursuant to Section 2580 of the Probate Code: retain as provided
8in clause (iii) of subparagraph (G). Other records: retain for five
9years after the later of either (i) the final disposition of the
10conservatorship proceeding, or (ii) the date of the conservatee’s
11death, if that date is disclosed in the court’s file.
12(E) Guardianships: retain permanently orders terminating the
13guardianship, if any, and court orders settling final account and
14ordering distribution of the estate. Other records: retain for five
15years after the later of (i) the final disposition of the guardianship
16proceeding, or (ii) the earlier of the date of the ward’s death, if
17that date is disclosed in the court’s file, or the date the ward reaches
1823 years of age.
19(F) Compromise of minor’s or disabled person’s claim or action,
20and disposition of judgment for minors and disabled persons under
21Section 372 of the Code of Civil Procedure and Chapter 4
22(commencing with Section 3600) of Part 8 of Division 4 of the
24(i) Retain permanently judgments in favor of minors or disabled
25persons, orders approving compromises of claims and actions and
26disposition of the proceeds of judgments, orders directing payment
27of expenses, costs, and fees, orders directing deposits into blocked
28accounts and receipts and acknowledgments of those orders, and
29orders for the withdrawal of funds from blocked accounts.
30(ii) Retain other records for the same retention period as for
31records in the underlying case. If there is no underlying case, retain
32for five years after the later of either (I) the date the order for
33payment or delivery of the final balance of the money or property
34is entered, or (II) the earlier of the date of the minor’s death, if that
35date is disclosed in the court’s file, or the date the minor reaches
3623 years of age.
38(i) Proceedings under Part 5 (commencing with Section 17000)
39of Division 9 of the Probate Code: retain permanently.
P5 1(ii) Trusts created by substituted judgment under Section 2580
2of the Probate Code: retain permanently all trust instruments and
3court orders. Other records: retain as long as the underlying
4conservatorship file is retained.
5(iii) Special needs trusts: retain permanently all trust instruments
6and court orders. Other records: retain until the later of either (I)
7the retention date of “other records” in the beneficiary’s
8conservatorship or guardianship file under subparagraph (D) or
9(E), if any, or (II) five years after the date of the beneficiary’s
10death, if that date is disclosed in the court’s file.
11(H) All other proceedings under the Probate Code: retain as
12provided for civil cases.
13(12) Mental health:
14(A) Lanterman Developmental Disabilities Services Act: retain
15for 10 years.
16(B) Lanterman-Petris-Short Act: retain for 20 years.
17(C) Riese (capacity) hearings under Sections 5333 and 5334 of
18the Welfare and Institutions Code: retain for the later of either (i)
1920 years after the date of the capacity determination order, or (ii)
20the court records retention date of the underlying involuntary
21treatment or commitment proceeding, if any.
22(D) Petitions under Chapter 3 (commencing with Section 8100)
23of Division 8 of the Welfare and Institutions Code for the return
24of firearms to petitioners who relinquished them to law
25enforcement while detained in a mental health facility: retain for
27(13) Eminent domain: retain permanently.
28(14) Real property other than unlawful detainer: retain
29permanently if the action affects title or an interest in real property.
30(15) Unlawful detainer: retain for one year if judgment is only
31for possession of the premises; retain for 10 years if judgment is
32for money, or money and possession.
33(b) Notwithstanding subdivision (a), any civil or small claims
34case in the trial court:
35(1) Involuntarily dismissed by the court for delay in prosecution
36or failure to comply with state or local rules: retain for one year.
37(2) Voluntarily dismissed by a party without entry of judgment:
38retain for one year.
39(c) Criminal actions and proceedings, as follows:
P6 1(1) Capital felony in which the defendant is sentenced to death,
2and any felony resulting in a sentence of life or life without the
3possibility of parole: retain permanently, including records of the
4cases of any codefendants and any related cases, regardless of the
5disposition. For the purpose of this paragraph, “capital felony”
6means murder with special circumstances when the prosecution
7seeks the death penalty. Records of the cases of codefendants and
8related cases required to be retained under this paragraph shall be
9limited to those cases that are factually linked or related to the
10charged offense, that are identified in the courtroom, and that are
11placed on the record. If a capital felony is disposed of by a sentence
12less than death, or imprisonment for life or life without the
13possibility of parole, the judgment shall be retained permanently,
14and the record shall be retained for 50 years or for 10 years after
15the official written notification of the death of the defendant. If a
16capital felony is disposed of by an acquittal, the record shall be
17retained for 10 years.
18(2) Felony, except as otherwise specified, and in any felony or
19misdemeanor case resulting in a requirement that the defendant
20register as a sex offender under Section 290 of the Penal Code:
21retain judgment permanently. For all other documents: retain for
2250 years or the maximum term of the sentence, whichever is longer.
23However, any record other than the judgment may be destroyed
2410 years after the death of the defendant. Felony case files that do
25not include final sentencing or other final disposition because the
26case was bound over from a former municipal court to the superior
27court and not already consolidated with the superior court felony
28case file: retain for 10 years from the disposition of the superior
30(3) Felony reduced to a misdemeanor: retain in accordance with
31the retention period for the relevant misdemeanor.
32(4) Felony, if the charge is dismissed, except as provided in
33paragraph (6): retain for three years.
34(5) Misdemeanor, if the charge is dismissed, except as provided
35in paragraph (6): retain for one year.
36(6) Dismissal under Section 1203.4 or 1203.4a of the Penal
37Code: retain for the same retention period as for records of the
38underlying case. If the records in the underlying case have been
39destroyed, retain for five years after dismissal.
P7 1(7) Misdemeanor, except as otherwise specified: retain for five
2years. For misdemeanors alleging a violation of Section
begin delete 23109, 23152, or 23153 of the Vehicle Code: retain for
5(8) Misdemeanor alleging a marijuana violation under
6subdivision (c), (d), or (e) of Section 11357 of the Health and
7Safety Code, or subdivision (b) of Section 11360 of the Health
8and Safety Code: records shall be destroyed, or redacted in
9accordance with subdivision (c) of Section 11361.5 of the Health
10and Safety Code, two years from the date of conviction, or from
11the date of arrest if no conviction, if the case is no longer subject
12to review on appeal, all applicable fines and fees have been paid,
13and the defendant has complied with all terms and conditions of
14the sentence or grant of probation. However, as provided in
15subdivision (a) of Section 11361.5 of the Health and Safety Code
16and paragraph (5) of subdivision (e) of this section, records of a
17misdemeanor alleging a marijuana violation under subdivision (e)
18of Section 11357 of the Health and Safety Code shall be retained
19until the offender attains 18 years of age, at which time the records
20shall be destroyed as provided in subdivision (c) of Section 11361.5
21of the Health and Safety Code.
22(9) Misdemeanor reduced to an infraction: retain in accordance
23with the retention period for the relevant infraction.
24(10) Infraction, except as otherwise specified: retain for one
25year. Vehicle Code infraction: retain for three years. Infraction
26alleging a marijuana violation under subdivision (b) of Section
2711357 of the Health and Safety Code: if records are retained past
28the one-year minimum retention period, the records shall be
29destroyed or redacted in accordance with subdivision (c) of Section
3011361.5 of the Health and Safety Code two years from the date of
31conviction, or from the date of arrest if no conviction, if the case
32is no longer subject to review on appeal, all applicable fines and
33fees have been paid, and the defendant has complied with all terms
34and conditions of the sentence or grant of probation.
35(11) Criminal protective order: retain until the order expires or
37(12) Arrest warrant: retain for the same retention period as for
38records in the underlying case. If there is no underlying case, retain
39for one year from the date of issue.
40(13) Search warrant:
P8 1(A) If there is no underlying case, retain for five years from the
2date of issue.
there is any underlying case, retain for 10 years from the
4date of issue or, if the retention period for records in the underlying
5case is less than 10 years or if the underlying case is a capital felony
6described in paragraph (1) of subdivision (c), retain for the same
7retention period as for records in the underlying case.
8(14) Probable cause declarations: retain for the same retention
9period as for records in the underlying case. If there is no
10underlying case, retain for one year from the date of declaration.
11(15) Proceedings for revocation of postrelease community
12supervision or postrelease parole supervision: retain for five years
13after the period of supervision expires or is terminated.
14(d) Habeas corpus:
15(1) Habeas corpus in criminal and family
law matters: retain
16for the same retention period as for records in the underlying case,
17whether granted or denied.
18(2) Habeas corpus in mental health matters: retain all records
19for the same retention period as for records in the underlying case,
20whether granted or denied. If there is no underlying case, retain
21records for 20 years.
23(1) Dependent pursuant to Section 300 of the Welfare and
24Institutions Code: upon reaching 28 years of age, or on written
25request, shall be released to the juvenile five years after jurisdiction
26over the person has terminated under subdivision (a) of Section
27826 of the Welfare and Institutions Code. Sealed records shall be
28destroyed upon court order five years after the records have been
29sealed pursuant to subdivision (c) of Section 389 of the Welfare
30and Institutions Code.
31(2) Ward pursuant to Section 601 of the Welfare and Institutions
32Code: upon reaching 21 years of age, or on written request, shall
33be released to the juvenile five years after jurisdiction over the
34person has terminated under subdivision (a) of Section 826 of the
35Welfare and Institutions Code. Sealed records shall be destroyed
36upon court order five years after the records have been sealed under
37subdivision (d) of Section 781 of the Welfare and Institutions
39(3) Ward pursuant to Section 602 of the Welfare and Institutions
40Code: upon reaching 38 years of age under subdivision (a) of
P9 1Section 826 of the Welfare and Institutions Code. Sealed records
2shall be destroyed upon court order when the subject of the record
3reaches 38 years of age under subdivision (d) of Section 781 of
4the Welfare and Institutions Code.
5(4) Traffic and some nontraffic misdemeanors and infractions
6pursuant to Section 601 of the Welfare and Institutions Code: upon
7reaching 21 years of age, or five years after jurisdiction over the
8person has terminated under subdivision (c) of Section 826 of the
9Welfare and Institutions Code. Records may be microfilmed or
11(5) Marijuana misdemeanor under subdivision (e) of Section
1211357 of the Health and Safety Code in accordance with procedures
13specified in subdivision (a) of Section 11361.5 of the Health and
14Safety Code: upon reaching 18 years of age, the records shall be
16(f) Court records of the appellate division of the superior court:
17retain for five years.
18(g) Other records:
19(1) Bench warrant: retain for the same
retention period as for
20records in the underlying case. For a bench warrant issued for a
21misdemeanor, retain records for the same retention period as for
22records in the underlying misdemeanor following issuance. If there
23is no return on the warrant, the court may dismiss on its own
24motion and immediately destroy the records.
25(2) Body attachment: retain for same retention period as for
26records in the underlying case.
27(3) Bond: retain for three years after exoneration and release.
28(4) Court reporter notes:
29(A) Criminal and juvenile proceedings: retain notes for 10 years,
30except as otherwise specified. Notes reporting proceedings in
31capital felony cases (murder with special circumstances when the
32prosecution seeks the death penalty and the sentence is death),
33including notes reporting the preliminary hearing, shall be retained
34permanently, unless the Supreme Court on request of the court
35clerk authorizes the destruction.
36(B) Civil and all other proceedings: retain notes for five years.
37(5) Electronic recordings made as the official record of the oral
38proceedings under the California Rules of Court may be destroyed
39or deleted as follows:
P10 1(A) Any time after final disposition of the case in infraction and
3(B) After 10 years in all other criminal proceedings.
4(C) After five years in all other proceedings.
5(6) Electronic recordings not made as the
official record of the
6oral proceedings under the California Rules of Court may be
7destroyed at any time at the discretion of the court.
8(7) Fee waiver applications: retain for the same retention period
9as for records in the underlying case.
10(8) Judgments within the jurisdiction of the superior court other
11than in a limited civil case, misdemeanor case, or infraction case:
13(9) Judgments in misdemeanor cases, infraction cases, and
14limited civil cases: retain for the same retention period as for
15records in the underlying case.
16(10) Juror proceedings, including sanctions: retain for one year.
17(11) Minutes: retain for the same retention period as for records
18in the underlying case.
19(12) Orders not associated with an underlying case, such as
20orders for the destruction of court records for telephone taps, orders
21to destroy drugs, and other miscellaneous court orders: retain for
23(13) Naturalization index: retain permanently.
24(14) Index for cases alleging traffic violations: retain for the
25same retention period as for records in the underlying case.
26(15) Index, except as otherwise specified: retain permanently.
27(16) Register of actions or docket: retain for the same retention
28period as for records in the underlying case, but in no event less
29than 10 years for civil and small claims cases.
30(h) Retention of the court records under this section shall be
31extended by order of the court on its own motion, or on application
32of a party or an interested member of the public for good cause
33shown and on those terms as are just. A fee shall not be charged
34for making the application.
35(i) The record retention periods provided in this section, as
36amended effective January 1, 2014, apply to all court records in
37existence prior to that date as well as to records created on or after
Section 5270.50 of the Welfare and Institutions
40Code is amended to read:
(a) Notwithstanding Section 5113, if the provisions
2of Section 5270.35 have been met, the professional person in
3charge of the facility providing intensive treatment, his or her
4designee, and the professional person directly responsible for the
5person’s treatment shall not be held civilly or criminally liable for
6any action by a person released before or at the end of the 30-day
7treatment period pursuant to this article.
8(b) The attorney or advocate representing the person, the
9court-appointed commissioner or referee, the certification review
10hearing officer conducting the certification review hearing, and
11the peace officer responsible for the detainment of the person shall
12 not be held civilly or criminally liable for any action by a person
13released before or at the end of the 30-day treatment period
14pursuant to this article.