BILL ANALYSIS Ó
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
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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