BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2232|
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CONSENT
Bill No: AB 2232
Author: Obernolte (R)
Introduced:2/18/16
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 5/10/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 76-0, 4/14/16 (Consent) - See last page for
vote
SUBJECT: Court records: misdemeanors
SOURCE: Author
DIGEST: This bill decreases the time period that a court
retains a record for misdemeanor speed contest convictions from
10 years to 5 years, and increases the time period that a court
retains a record for misdemeanor reckless driving convictions
from 5 to 10 years.
ANALYSIS:
Existing law:
1)Provides the manner in which the court may destroy records
after specified retention periods for civil actions, small
claims, criminal actions, juvenile proceedings, appellate
matters of the superior court, and other matters. (Government
Code § 68152.)
AB 2232
Page 2
2)Requires the court to retain the record for misdemeanors for 5
years, unless provided otherwise. This applies to a
misdemeanor where a person drives a vehicle upon a highway in
willful or wanton disregard for the safety of persons or
property. (Government Code § 68152 (c)(7).)
3)Requires the court to retain the record for 10 years for a
misdemeanor involving a motor vehicle speed contest, or
repeated prior offense within five years, and also for a
misdemeanor involving a person under the influence of any
alcoholic beverage or any drug to drive a vehicle. (Government
Code § 68152.)
4)Requires a defendant who has been convicted of a violation of
Vehicle Code Section 23152 (DUI) or Section 23153 (DUI with
bodily injury) within the past 10 years to participate in an
alcohol program as a condition of probation. (Vehicle Code
Section 23640.)
5)Allows a conviction for Vehicle Code Section 23109 (speed
contest) to be charged as an enhancement of a new criminal
charge alleging a violation of that offense for five years
after the original conviction. (Vehicle Code Section 23109.5
(a).)
This bill changes the time period that a court retains records
for certain vehicular misdemeanors. Specifically, this bill:
1)Decreases the time period that a court retains a record for
misdemeanor speed contest convictions from 10 years to 5
years.
2)Increases the time period that a court retains a record for
misdemeanor reckless driving convictions from 5 to 10 years.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified6/20/16)
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Page 3
Judicial Council of California
OPPOSITION: (Verified6/20/16)
None received
ARGUMENTS IN SUPPORT: According to the sponsor of this bill,
the Judicial Council of California:
In 2013, a Judicial Council working group assisted in
drafting language for AB 1352 (stats 2013, ch. 274), which
made significant improvements in the laws that govern
retention of court records and clarified the statutes
pertaining to the new ways that court records are produced
and may be retained. During that drafting, an incorrect
code section was inserted in the final version of the bill.
After the bill was chaptered, the error was brought to the
attention of the Judicial Council.
In response, the Judicial Council has sponsored this bill,
which ensures that reckless driving convictions are
retained on the same ten-year retention schedule as
convictions for driving under the influence of alcohol, and
clarifies those convictions for speed contests are retained
on the same five-year retention schedule as all other
misdemeanor Vehicle Code violations.
Leaving the status as is will maintain an inconsistency in
records retentions related to reckless driving convictions
as compared to driving under the influence convictions, and
will maintain in the law what was a drafting error.
ASSEMBLY FLOOR: 76-0, 4/14/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth
Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,
AB 2232
Page 4
Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,
Roger Hernández, Holden, Jones, Jones-Sawyer, Kim, Lackey,
Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty,
Medina, Mullin, Obernolte, O'Donnell, Olsen, Patterson, Quirk,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Rendon
NO VOTE RECORDED: Irwin, Levine, Melendez, Nazarian
Prepared by:Molly Lao / PUB. S. /
6/22/16 15:15:03
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