BILL ANALYSIS                                                                                                                                                                                                    Ó




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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.) 








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          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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          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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