Amended in Senate August 20, 2015

Amended in Assembly May 6, 2015

Amended in Assembly April 22, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 897


Introduced by Assembly Member Gonzalez

February 26, 2015


An act to amend Sectionbegin delete 68152 of the Government Code, relating to court records.end deletebegin insert 2502 of the Labor Code, as added by Section 1 of Chapter 212 of the Statutes of 2015, relating to grocery workers.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 897, as amended, Gonzalez. begin deleteRetention of court records: driving offenses. end deletebegin insertGrocery workers.end insert

begin insert

Existing law regulates various aspects of the workplace and employee safety and health.

end insert
begin insert

Chapter 212 of the Statutes of 2015, which will become operative on January 1, 2016, will, upon a change in control of a grocery establishment, require an incumbent grocery employer to prepare a list of specified eligible grocery workers for a successor grocery employer and would require the successor grocery employer to hire from this list during a 90-day transition period. Chapter 212 of the Statutes of 2015 defines a “grocery establishment” to mean a retail store in this state that is over 15, 000 square feet in size and that sells primarily household foodstuffs for offsite consumption, as specified.

end insert
begin insert

This bill additionally would include in that definition that a grocery establishment does not include a retail store that has ceased operations for 6 months or more.

end insert
begin insert

This bill would incorporate changes to Section 2502 of the Labor Code, as added by Section 1 of Chapter 212 of the Statutes of 2015, that would become operative only if the earlier chaptered bill becomes operative.

end insert
begin delete

Existing law authorizes the court clerk to destroy court records, as defined, after notice of destruction, if there is no request and order for transfer of the records, upon the expiration of specified time periods after final disposition of the case. Existing law generally requires the clerk to retain court records relating to misdemeanors, including misdemeanors alleging reckless driving, for 5 years, or, for specified offenses, including misdemeanor offenses relating to street racing, for 10 years.

end delete
begin delete

This bill would instead require the court clerk to retain court records pertaining to street racing offenses for 5 years, and would require the court clerk to retain records pertaining to reckless driving offenses for 10 years.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 2502 of the end insertbegin insertLabor Codeend insertbegin insert, as added by
2Section 1 of Chapter 212 of the Statutes of 2015, is amended to
3read:end insert

4

2502.  

For purposes of this part, the following definitions shall
5apply:

6(a) “Change in control” means any sale, assignment, transfer,
7contribution, or other disposition of all or substantially all of the
8assets or a controlling interest, including by consolidation, merger,
9or reorganization, of the incumbent grocery employer or any person
10who controls the incumbent grocery employer or any grocery
11establishment under the operation or control of either the incumbent
12grocery employer or any person who controls the incumbent
13grocery employer.

14(b) “Eligible grocery worker” means any individual whose
15primary place of employment is at the grocery establishment
16subject to a change in control, and who has worked for the
17incumbent grocery employer for at least six months prior to the
18execution of the transfer document. “Eligible grocery worker”
P3    1does not include a managerial, supervisory, or confidential
2employee.

3(c) “Employment commencement date” means the date on which
4an eligible grocery worker retained by the successor grocery
5employer pursuant to this part commences work for the successor
6grocery employer in exchange for benefits and compensation under
7the terms and conditions established by the successor grocery
8employer and as required by law.

9(d) “Grocery establishment” means a retail store in this state
10that is over 15,000 square feet in size and that sells primarily
11household foodstuffs for offsite consumption, including the sale
12of fresh produce, meats, poultry, fish, deli products, dairy products,
13 canned foods, dry foods, beverages, baked foods, or prepared
14foods. Other household supplies or other products shall be
15secondary to the primary purpose of food sales.begin insert A grocery
16establishment does not include a retail store that has ceased
17operations for six months or more.end insert

18(e) “Incumbent grocery employer” means the person that owns,
19controls, or operates the grocery establishment at the time of the
20change in control.

21(f) “Person” means an individual, corporation, partnership,
22limited partnership, limited liability partnership, limited liability
23company, business trust, estate, trust, association, joint venture,
24agency, instrumentality, or any other legal or commercial entity,
25whether domestic or foreign.

26(g) “Successor grocery employer” means the person that owns,
27controls, or operates the grocery establishment after the change in
28control.

29(h) “Transfer document” means the purchase agreement or other
30document effecting the change in control.

31begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

Section 1 of this bill incorporates amendments to
32Section 2502 of the Labor Code, as added by Section 1 of Chapter
33212 of the Statutes of 2015. Section 1 of this bill shall become
34operative only if Chapter 212 of the Statutes of 2015 becomes
35operative.

end insert
begin delete
36

SECTION 1.  

Section 68152 of the Government Code is
37amended to read:

38

68152.  

The trial court clerk may destroy court records under
39Section 68153 after notice of destruction, and if there is no request
40and order for transfer of the records, except the comprehensive
P4    1historical and sample superior court records preserved for research
2under the California Rules of Court, when the following times
3have expired after the date of final disposition of the case in the
4categories listed:

5(a) Civil actions and proceedings, as follows:

6(1) Except as otherwise specified: retain 10 years.

7(2) Civil unlimited cases, limited cases, and small claims cases,
8including after trial de novo, if any, except as otherwise specified:
9retain for 10 years.

10(3) Civil judgments for unlimited civil cases: retain permanently.

11(4) Civil judgments for limited and small claims cases: retain
12for 10 years, unless judgment is renewed. If judgment is renewed,
13retain judgment for length of renewal pursuant to Article 2
14(commencing with Section 683.110) of Chapter 3 of Division 1
15of Title 9 of Part 2 of the Code of Civil Procedure.

16(5) If a party in a civil case appears by a guardian ad litem:
17retain for 10 years after termination of the court’s jurisdiction.

18(6) Civil harassment, domestic violence, elder and dependent
19adult abuse, private postsecondary school violence, and workplace
20violence cases: retain for the same period of time as the duration
21of the restraining or other orders and any renewals thereof, then
22retain the restraining or other orders permanently as a judgment;
2360 days after expiration of the temporary restraining or other
24temporary orders; retain judgments establishing paternity under
25Section 6323 of the Family Code permanently.

26(7) Family law, except as otherwise specified: retain for 30
27years.

28(8) Adoption: retain permanently.

29(9) Parentage: retain permanently.

30(10) Change of name, gender, or name and gender: retain
31permanently.

32(11) Probate:

33(A) Decedent estates: retain permanently all orders, judgments,
34and decrees of the court, all inventories and appraisals, and all
35wills and codicils of the decedent filed in the case, including those
36not admitted to probate. All other records: retain for five years
37after final disposition of the estate proceeding.

38(B) Wills and codicils transferred or delivered to the court
39pursuant to Section 732, 734, or 8203 of the Probate Code: retain
40permanently. For wills and codicils delivered to the clerk of the
P5    1court under Section 8200 of the Probate Code, retain the original
2documents as provided in Section 26810.

3(C) Substitutes for decedent estate administration:

4(i) Affidavit procedures for real property of small value under
5Chapter 3 (commencing with Section 13100) of Part 1 of Division
68 of the Probate Code: retain permanently.

7(ii) Proceedings for determining succession to property under
8Chapter 4 (commencing with Section 13150) of Part 1 of Division
98 of the Probate Code: retain permanently all inventories and
10appraisals and court orders. Other records: retain for five years
11after final disposition of the proceeding.

12(iii) Proceedings for determination of property passing or
13belonging to surviving spouse under Chapter 5 (commencing with
14Section 13650) of Part 2 of Division 8 of the Probate Code: retain
15permanently all inventories and appraisals and court orders. Other
16records: retain for five years after final disposition of the
17proceeding.

18(D) Conservatorships: retain permanently all court orders.
19Documents of trusts established under substituted judgment
20pursuant to Section 2580 of the Probate Code: retain as provided
21in clause (iii) of subparagraph (G). Other records: retain for five
22years after the later of either (i) the final disposition of the
23conservatorship proceeding, or (ii) the date of the conservatee’s
24death, if that date is disclosed in the court’s file.

25(E) Guardianships: retain permanently orders terminating the
26guardianship, if any, and court orders settling final account and
27ordering distribution of the estate. Other records: retain for five
28years after the later of (i) the final disposition of the guardianship
29proceeding, or (ii) the earlier of the date of the ward’s death, if
30that date is disclosed in the court’s file, or the date the ward reaches
3123 years of age.

32(F) Compromise of minor’s or disabled person’s claim or action,
33and disposition of judgment for minors and disabled persons under
34Section 372 of the Code of Civil Procedure and Chapter 4
35(commencing with Section 3600) of Part 8 of Division 4 of the
36Probate Code:

37(i) Retain permanently judgments in favor of minors or disabled
38persons, orders approving compromises of claims and actions and
39disposition of the proceeds of judgments, orders directing payment
40of expenses, costs, and fees, orders directing deposits into blocked
P6    1accounts and receipts and acknowledgments of those orders, and
2orders for the withdrawal of funds from blocked accounts.

3(ii) Retain other records for the same retention period as for
4records in the underlying case. If there is no underlying case, retain
5for five years after the later of either (I) the date the order for
6payment or delivery of the final balance of the money or property
7is entered, or (II) the earlier of the date of the minor’s death, if that
8date is disclosed in the court’s file, or the date the minor reaches
923 years of age.

10(G) Trusts:

11(i) Proceedings under Part 5 (commencing with Section 17000)
12of Division 9 of the Probate Code: retain permanently.

13(ii) Trusts created by substituted judgment under Section 2580
14of the Probate Code: retain permanently all trust instruments and
15court orders. Other records: retain as long as the underlying
16conservatorship file is retained.

17(iii) Special needs trusts: retain permanently all trust instruments
18and court orders. Other records: retain until the later of either (I)
19the retention date of “other records” in the beneficiary’s
20conservatorship or guardianship file under subparagraph (D) or
21(E), if any, or (II) five years after the date of the beneficiary’s
22death, if that date is disclosed in the court’s file.

23(H) All other proceedings under the Probate Code: retain as
24provided for civil cases.

25(12) Mental health:

26(A) Lanterman Developmental Disabilities Services Act: retain
27for 10 years.

28(B) Lanterman-Petris-Short Act: retain for 20 years.

29(C) Riese (capacity) hearings under Sections 5333 and 5334 of
30the Welfare and Institutions Code: retain for the later of either (i)
3120 years after the date of the capacity determination order, or (ii)
32the court records retention date of the underlying involuntary
33treatment or commitment proceeding, if any.

34(D) Petitions under Chapter 3 (commencing with Section 8100)
35of Division 8 of the Welfare and Institutions Code for the return
36of firearms to petitioners who relinquished them to law
37enforcement while detained in a mental health facility: retain for
3810 years.

39(13) Eminent domain: retain permanently.

P7    1(14) Real property other than unlawful detainer: retain
2permanently if the action affects title or an interest in real property.

3(15) Unlawful detainer: retain for one year if judgment is only
4for possession of the premises; retain for 10 years if judgment is
5for money, or money and possession.

6(b) Notwithstanding subdivision (a), any civil or small claims
7case in the trial court:

8(1) Involuntarily dismissed by the court for delay in prosecution
9or failure to comply with state or local rules: retain for one year.

10(2) Voluntarily dismissed by a party without entry of judgment:
11retain for one year.

12(c) Criminal actions and proceedings, as follows:

13(1) Capital felony in which the defendant is sentenced to death,
14and any felony resulting in a sentence of life or life without the
15possibility of parole: retain permanently, including records of the
16cases of any codefendants and any related cases, regardless of the
17disposition. For the purpose of this paragraph, “capital felony”
18means murder with special circumstances when the prosecution
19seeks the death penalty. Records of the cases of codefendants and
20related cases required to be retained under this paragraph shall be
21limited to those cases that are factually linked or related to the
22charged offense, that are identified in the courtroom, and that are
23placed on the record. If a capital felony is disposed of by a sentence
24less than death, or imprisonment for life or life without the
25possibility of parole, the judgment shall be retained permanently,
26and the record shall be retained for 50 years or for 10 years after
27the official written notification of the death of the defendant. If a
28capital felony is disposed of by an acquittal, the record shall be
29retained for 10 years.

30(2) Felony, except as otherwise specified, and in any felony or
31misdemeanor case resulting in a requirement that the defendant
32register as a sex offender under Section 290 of the Penal Code:
33retain judgment permanently. For all other documents: retain for
3450 years or the maximum term of the sentence, whichever is longer.
35However, any record other than the judgment may be destroyed
3610 years after the death of the defendant. Felony case files that do
37not include final sentencing or other final disposition because the
38case was bound over from a former municipal court to the superior
39court and not already consolidated with the superior court felony
P8    1case file: retain for 10 years from the disposition of the superior
2court case.

3(3) Felony reduced to a misdemeanor: retain in accordance with
4the retention period for the relevant misdemeanor.

5(4) Felony, if the charge is dismissed, except as provided in
6paragraph (6): retain for three years.

7(5) Misdemeanor, if the charge is dismissed, except as provided
8in paragraph (6): retain for one year.

9(6) Dismissal under Section 1203.4 or 1203.4a of the Penal
10Code: retain for the same retention period as for records of the
11underlying case. If the records in the underlying case have been
12destroyed, retain for five years after dismissal.

13(7) Misdemeanor, except as otherwise specified: retain for five
14years. For misdemeanors alleging a violation of Section 23103,
1523152, or 23153 of the Vehicle Code: retain for 10 years.

16(8) Misdemeanor alleging a marijuana violation under
17subdivision (c), (d), or (e) of Section 11357 of the Health and
18Safety Code, or subdivision (b) of Section 11360 of the Health
19and Safety Code: records shall be destroyed, or redacted in
20accordance with subdivision (c) of Section 11361.5 of the Health
21and Safety Code, two years from the date of conviction, or from
22the date of arrest if no conviction, if the case is no longer subject
23to review on appeal, all applicable fines and fees have been paid,
24and the defendant has complied with all terms and conditions of
25the sentence or grant of probation. However, as provided in
26subdivision (a) of Section 11361.5 of the Health and Safety Code
27and paragraph (5) of subdivision (e) of this section, records of a
28misdemeanor alleging a marijuana violation under subdivision (e)
29of Section 11357 of the Health and Safety Code shall be retained
30until the offender attains 18 years of age, at which time the records
31shall be destroyed as provided in subdivision (c) of Section 11361.5
32of the Health and Safety Code.

33(9) Misdemeanor reduced to an infraction: retain in accordance
34with the retention period for the relevant infraction.

35(10) Infraction, except as otherwise specified: retain for one
36year. Vehicle Code infraction: retain for three years. Infraction
37alleging a marijuana violation under subdivision (b) of Section
3811357 of the Health and Safety Code: if records are retained past
39the one-year minimum retention period, the records shall be
40destroyed or redacted in accordance with subdivision (c) of Section
P9    111361.5 of the Health and Safety Code two years from the date of
2conviction, or from the date of arrest if no conviction, if the case
3is no longer subject to review on appeal, all applicable fines and
4fees have been paid, and the defendant has complied with all terms
5and conditions of the sentence or grant of probation.

6(11) Criminal protective order: retain until the order expires or
7is terminated.

8(12) Arrest warrant: retain for the same retention period as for
9records in the underlying case. If there is no underlying case, retain
10for one year from the date of issue.

11(13) Search warrant:

12(A) If there is no underlying case, retain for five years from the
13date of issue.

14(B) If there is any underlying case, retain for 10 years from the
15date of issue or, if the retention period for records in the underlying
16case is less than 10 years or if the underlying case is a capital felony
17described in paragraph (1) of subdivision (c), retain for the same
18retention period as for records in the underlying case.

19(14) Probable cause declarations: retain for the same retention
20period as for records in the underlying case. If there is no
21underlying case, retain for one year from the date of declaration.

22(15) Proceedings for revocation of postrelease community
23supervision or postrelease parole supervision: retain for five years
24after the period of supervision expires or is terminated.

25(d) Habeas corpus:

26(1) Habeas corpus in criminal and family law matters: retain
27for the same retention period as for records in the underlying case,
28whether granted or denied.

29(2) Habeas corpus in mental health matters: retain all records
30for the same retention period as for records in the underlying case,
31whether granted or denied. If there is no underlying case, retain
32records for 20 years.

33(e) Juveniles:

34(1) Dependent pursuant to Section 300 of the Welfare and
35Institutions Code: upon reaching 28 years of age, or on written
36request, shall be released to the juvenile five years after jurisdiction
37over the person has terminated under subdivision (a) of Section
38826 of the Welfare and Institutions Code. Sealed records shall be
39destroyed upon court order five years after the records have been
P10   1sealed pursuant to subdivision (c) of Section 389 of the Welfare
2and Institutions Code.

3(2) Ward pursuant to Section 601 of the Welfare and Institutions
4Code: upon reaching 21 years of age, or on written request, shall
5be released to the juvenile five years after jurisdiction over the
6person has terminated under subdivision (a) of Section 826 of the
7Welfare and Institutions Code. Sealed records shall be destroyed
8upon court order five years after the records have been sealed under
9subdivision (d) of Section 781 of the Welfare and Institutions
10Code.

11(3) Ward pursuant to Section 602 of the Welfare and Institutions
12Code: upon reaching 38 years of age under subdivision (a) of
13Section 826 of the Welfare and Institutions Code. Sealed records
14shall be destroyed upon court order when the subject of the record
15reaches 38 years of age under subdivision (d) of Section 781 of
16the Welfare and Institutions Code.

17(4) Traffic and some nontraffic misdemeanors and infractions
18pursuant to Section 601 of the Welfare and Institutions Code: upon
19reaching 21 years of age, or five years after jurisdiction over the
20person has terminated under subdivision (c) of Section 826 of the
21Welfare and Institutions Code. Records may be microfilmed or
22photocopied.

23(5) Marijuana misdemeanor under subdivision (e) of Section
2411357 of the Health and Safety Code in accordance with procedures
25specified in subdivision (a) of Section 11361.5 of the Health and
26Safety Code: upon reaching 18 years of age, the records shall be
27destroyed.

28(f) Court records of the appellate division of the superior court:
29retain for five years.

30(g) Other records:

31(1) Bench warrant: retain for the same retention period as for
32records in the underlying case. For a bench warrant issued for a
33misdemeanor, retain records for the same retention period as for
34records in the underlying misdemeanor following issuance. If there
35is no return on the warrant, the court may dismiss on its own
36motion and immediately destroy the records.

37(2) Body attachment: retain for same retention period as for
38records in the underlying case.

39(3) Bond: retain for three years after exoneration and release.

40(4) Court reporter notes:

P11   1(A) Criminal and juvenile proceedings: retain notes for 10 years,
2except as otherwise specified. Notes reporting proceedings in
3capital felony cases (murder with special circumstances when the
4prosecution seeks the death penalty and the sentence is death),
5including notes reporting the preliminary hearing, shall be retained
6permanently, unless the Supreme Court on request of the court
7clerk authorizes the destruction.

8(B) Civil and all other proceedings: retain notes for five years.

9(5) Electronic recordings made as the official record of the oral
10proceedings under the California Rules of Court may be destroyed
11or deleted as follows:

12(A) Any time after final disposition of the case in infraction and
13misdemeanor proceedings.

14(B) After 10 years in all other criminal proceedings.

15(C) After five years in all other proceedings.

16(6) Electronic recordings not made as the official record of the
17oral proceedings under the California Rules of Court may be
18destroyed at any time at the discretion of the court.

19(7) Fee waiver applications: retain for the same retention period
20as for records in the underlying case.

21(8) Judgments within the jurisdiction of the superior court other
22than in a limited civil case, misdemeanor case, or infraction case:
23retain permanently.

24(9) Judgments in misdemeanor cases, infraction cases, and
25limited civil cases: retain for the same retention period as for
26records in the underlying case.

27(10) Juror proceedings, including sanctions: retain for one year.

28(11) Minutes: retain for the same retention period as for records
29in the underlying case.

30(12) Orders not associated with an underlying case, such as
31orders for the destruction of court records for telephone taps, orders
32to destroy drugs, and other miscellaneous court orders: retain for
33one year.

34(13) Naturalization index: retain permanently.

35(14) Index for cases alleging traffic violations: retain for the
36same retention period as for records in the underlying case.

37(15) Index, except as otherwise specified: retain permanently.

38(16) Register of actions or docket: retain for the same retention
39period as for records in the underlying case, but in no event less
40than 10 years for civil and small claims cases.

P12   1(h) Retention of the court records under this section shall be
2extended by order of the court on its own motion, or on application
3of a party or an interested member of the public for good cause
4shown and on those terms as are just. A fee shall not be charged
5for making the application.

6(i) The record retention periods provided in this section, as
7amended effective January 1, 2014, apply to all court records in
8existence prior to that date as well as to records created on or after
9that date.

end delete


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