BILL ANALYSIS Ó
AB 1945
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1945 (Mark Stone)
As Amended August 19, 2016
Majority vote
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|ASSEMBLY: |77-0 |(April 28, |SENATE: | 39-0 |(August 23, |
| | |2016) | | |2016) |
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Original Committee Reference: PUB. S.
SUMMARY: Authorizes a child welfare agency to access sealed
juvenile records for limited purposes.
The Senate amendments:
1)Clarify that a juvenile case file that is covered by, or
included in, a record sealing may not be inspected except as
specified;
2)Prohibit a child welfare agency from sharing the information
with any person or agency except the court.
3)Double join this bill with AB 2872 (Patterson) of the current
legislative session to avoid chaptering issues.
AB 1945
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4)Make conforming cross-references in related sections, as well
as technical, non-substantive changes.
EXISTING LAW:
1)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.
2)Requires the court to send a copy of the order of dismissal
and sealing to the agencies named in the order and directing
the agencies to destroy the sealed records.
3)Allows the court to access a file that has been sealed for the
limited purpose of verifying the prior jurisdictional status
of a ward who is petitioning the court to resume its
dependency or delinquency jurisdiction.
4)Gives the prosecuting attorney and the probation department of
any county access to those records after they are sealed for
the limited purposes.
5)States that access for these limited purposes shall not be
considered an unsealing of the records.
6)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 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
AB 1945
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the person's case, in the custody of the juvenile court, the
probation officer, or any other agency or public official.
7)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.
8)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.
9)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.
10)Allows the probation officer to destroy all records and
papers in the proceedings concerning a minor after five years
from the date on which the jurisdiction of the juvenile court
over the minor is terminated.
11)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
occurred, for an order sealing the records in the case,
including any records of arrest and detention, in certain
circumstances.
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12)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.
AS PASSED BY THE ASSEMBLY, this bill:
1)Authorized a county child welfare agency responsible for the
supervision and placement of a minor or non-minor dependent of
the court to access sealed juvenile records for the limited
purpose of determining an appropriate placement or service
that has been ordered by the court for that dependent.
2)Allowed the child welfare agency to share the information in
the sealed record with the court and with service and
placement providers for the sole purpose of implementing the
court ordered service or placement.
3)Stated that access to the sealed records pursuant to these
provisions shall not be construed as a modification of the
court's order dismissing the petition and sealing the case
records.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "AB 1945 is a clean-up
proposal for my AB 666 [(Mark Stone), Chapter 368, Statutes of
2015] from last year. It accomplishes the following:
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"Ensures child welfare agencies have limited access to valuable
information necessary for making appropriate foster care
placements and service recommendations for a child's safety and
well-being."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Sandy Uribe / PUB. S. / (916) 319-3744 FN:
0004805