BILL ANALYSIS                                                                                                                                                                                                    



                                                                     AB 897


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          Date of Hearing:  May 20, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          897 (Gonzalez) - As Amended May 6, 2015


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          The bill corrects a drafting error in 2013 legislation by  
          reducing the requirement for courts to retain files regarding  
          allegations of violations of Vehicle Code Sections 23109 (speed  
          contests) and 23109.5 (sentencing for speed contests) from ten  








                                                                     AB 897


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          years to five years, while increasing the requirement for courts  
          to retain files regarding allegations of a violation of Vehicle  
          Code Section 23103 (reckless driving). 


          FISCAL EFFECT:


          Negligible fiscal impact to the courts.


          COMMENTS:


          Background and Purpose. AB 1352 (Levine), Chapter 274, Statutes  
          of 2013, which was sponsored by the Judicial Council, revised  
          certain trial court record retention requirements. That bill  
          inadvertently switched the retention periods for records related  
          to the crimes listed above. Thus while current law requires  
          courts to retain most misdemeanor case files for five years,  
          there is an exception in current law for case files that involve  
          certain misdemeanor violations of the Vehicle Code.,  
          specifically Sections 23109 (speed contests), 23109.5  
          (sentencing for speed contests), 23152 (driving under the  
          influence of alcohol, or DUI) and 23153 (DUI causing bodily  
          injury), requiring those case files to be retained for ten  
          years.  It makes sense to retain DUI case files for ten years  
          because a prior offense committed within the past ten years can  
          be charged as an enhancement in a new case.  Retaining court  
          records about speed contest violations for ten years is not  
          necessary, however, because a speed contest conviction can only  
          be charged as an enhancement in a new case for five years.  On  
          the other hand, current law requires misdemeanor case files  
          alleging Vehicle Code Section 23103 (reckless driving)  
          violations for only five years when it would make sense to  
          retain those records for a longer period.  A conviction for  
          reckless driving that is related to an arrest for driving under  
          the influence can be charged as a prior offense in a DUI case  
          that occurs within ten years of the alcohol-related reckless  








                                                                     AB 897


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          driving conviction, resulting in an enhanced sentence and  
          additional terms of probation.  Therefore, the court should  
          retain court files regarding reckless driving offenses for ten  
          years, rather than only five years, as required by current law  
          and should retain court files about speed contest offenses for  
          only five years, rather than ten years, as required by current  
          law.  


          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081