Amended in Senate April 6, 2015

Senate BillNo. 504


Introduced by Senator Lara

February 26, 2015


begin deleteAn act to amend Section 1752 of the Welfare and Institutions Code, relating to juvenile justice. end deletebegin insertAn act to amend Section 1203.45 of the Penal Code, and to amend Sections 781 and 903.3 of the Welfare and Institutions Code, relating to court records.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 504, as amended, Lara. begin deleteJuvenile justice. end deletebegin insertCourt records: sealing.end insert

begin insert

Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified.

end insert
begin insert

This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services.

end insert
begin insert

Existing law authorizes in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records relating to the person’s case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law authorizes the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age. Existing law also requires the court to order the juvenile court records sealed pursuant to these provisions destroyed, as specified, and authorizes other agencies in possession of sealed records to destroy the records 5 years after the record was ordered sealed.

end insert
begin insert

This bill would instead require a court to, at the time the jurisdiction of the juvenile court has terminated as to the person, order all records, papers, and exhibits in the person’s case in the custody of the juvenile court and other agencies, entities, and officials, sealed. The bill would, in any case in which a petition is not filed with the court, require the probation department or law enforcement agency to seal all records at the time at which the decision was made to not refer the person to the probation department or the district attorney’s office. The bill would also make conforming changes. By increasing the number of records local agencies would be required to seal, this bill would impose a state-mandated local program.

end insert
begin insert

Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified.

end insert
begin insert

This bill would only require persons 26 years of age or older who petition for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert
begin delete

Existing law sets forth certain powers that may be exercised by the Director of Juvenile Justice in the Department of Corrections and Rehabilitation to the extent that funds are available for those purposes.

end delete
begin delete

This bill would make technical nonsubstantive changes to those provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P3    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 1203.45 of the end insertbegin insertPenal Codeend insertbegin insert is amended
2to read:end insert

3

1203.45.  

(a) In a case in which a person was underbegin delete the age ofend delete
4 18 yearsbegin insert of ageend insert at the time of commission of a misdemeanor and
5is eligible for, or has previously received, the relief provided by
6Section 1203.4 or 1203.4a, that person, in a proceeding under
7Section 1203.4 or 1203.4a, or a separate proceeding, may petition
8the court for an order sealing the record of conviction and other
9official records in the case, including records of arrests resulting
10in the criminal proceeding and records relating to other offenses
11charged in the accusatory pleading, whetherbegin insert theend insert defendant was
12acquitted or charges were dismissed. If the court finds that the
13person was underbegin delete the ageend deletebegin insert 18 yearsend insert ofbegin delete 18end deletebegin insert ageend insert at the time of the
14commission of the misdemeanor, and is eligible for relief under
15Section 1203.4 or 1203.4a or has previously received that relief,
16it may issue its order granting the relief prayed for. Thereafter the
17conviction, arrest, or other proceeding shall be deemed not to have
18occurred, and the petitioner may answer accordingly any question
19relating to their occurrence.

20(b) This section applies to convictions that occurred before, as
21well as those that occur after, the effective date of this section.

22(c) This section shall not apply to offenses for which registration
23is required under Section 290, to violations of Division 10
24(commencing with Section 11000) of the Health and Safety Code,
25or to misdemeanor violations of the Vehicle Code relating to
26operation of a vehicle or of a local ordinance relating to operation,
27standing, stopping, or parking of a motor vehicle.

P4    1(d) This section does not apply to a person convicted of more
2than one offense, whether the second or additional convictions
3occurred in the same action in which the conviction as to which
4relief is sought occurred or in another action, except in the
5following cases:

6(1) One of the offenses includes the other or others.

7(2) The other conviction or convictions were for the following:

8(A) Misdemeanor violations of Chapters 1 (commencing with
9Section 21000) to 9 (commencing with Section 22500), inclusive,
10Chapter 12 (commencing with Section 23100), or Chapter 13
11(commencing with Section 23250) of Division 11 of the Vehicle
12Code, other than Section 23103, 23104, 23105, 23152, 23153, or
1323220.

14(B) Violation of a local ordinance relating to the operation,
15stopping, standing, or parking of a motor vehicle.

16(3) The other conviction or convictions consisted of any
17combination of paragraphs (1) and (2).

18(e) This section shall apply in a case in which a person was
19underbegin delete the ageend deletebegin insert 21 yearsend insert ofbegin delete 21end deletebegin insert ageend insert at the time of the commission of
20an offense as to which this section is made applicable if that offense
21was committed prior to March 7, 1973.

22(f) In an action or proceeding based upon defamation, a court,
23upon a showing of good cause, may order the records sealed under
24this section to be opened and admitted into evidence. The records
25shall be confidential and shall be available for inspection only by
26the court, jury, parties, counsel for the parties, and any other person
27who is authorized by the court to inspect them. Upon the judgment
28in the action or proceeding becoming final, the court shall order
29the records sealed.

30(g) A person whobegin insert is 26 years of age of older andend insert petitions for
31an order sealing a record under this section may be required to
32reimburse the court for the actual cost of services rendered, whether
33or not the petition is granted and the records are sealed or
34expunged, at a rate to be determined by the court, not to exceed
35one hundred fifty dollars ($150), and to reimburse the county for
36the actual cost of services rendered, whether or not the petition is
37granted and the records are sealed or expunged, at a rate to be
38determined by the county board of supervisors, not to exceed one
39hundred fifty dollars ($150), and to reimburse any city for the
40actual cost of services rendered, whether or not the petition is
P5    1granted and the records are sealed or expunged, at a rate to be
2determined by the city council, not to exceed one hundred fifty
3dollars ($150). Ability to make this reimbursement shall be
4determined by the court using the standards set forth in paragraph
5(2) of subdivision (g) of Section 987.8 and shall not be a
6prerequisite to a person’s eligibility under this section. The court
7may order reimbursement in a case in which the petitioner appears
8to have the ability to pay, without undue hardship, all or any portion
9of the cost for services established pursuant to this subdivision.

10begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 781 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
11amended to read:end insert

12

781.  

(a) begin insert(1)end insertbegin insertend insertbegin insert(A)end insertbegin insertend insertIn any case in which a petition has been filed
13with a juvenile court to commence proceedings to adjudge a person
14a ward of the court,begin delete in any case in which a person is cited to appear
15before a probation officer or is taken before a probation officer
16pursuant to Section 626, or in any case in which a minor is taken
17before any officer of a law enforcement agency,end delete
thebegin delete person orend deletebegin insert court
18shall, atend insert
thebegin delete county probation officer may, five years or more afterend delete
19begin insert timeend insert the jurisdiction of the juvenile court has terminated as to the
20person,begin delete or, in a case in which no petition is filed, five years or more
21after the person was cited to appear before a probation officer or
22was taken before a probation officer pursuant to Section 626 or
23was taken before any officer of a law enforcement agency, or, in
24any case, at any time after the person has reached the age of 18
25years, petition the court for sealing of the records, including records
26of arrest, relating to the person’s case, in the custody of the juvenile
27court and probation officer and any other agencies, including law
28enforcement agencies, and public officials as the petitioner alleges,
29in his or her petition, to have custody of the records. The court
30shall notify the district attorney of the county and the county
31probation officer, if he or she is not the petitioner, and the district
32attorney or probation officer or any of their deputies or any other
33person having relevant evidence may testify at the hearing on the
34petition. If, after hearing, the court finds that since the termination
35of jurisdiction or action pursuant to Section 626, as the case may
36be, he or she has not been convicted of a felony or of any
37misdemeanor involving moral turpitude and that rehabilitation has
38been attained to the satisfaction of the court, it shallend delete
order all
39records, papers, and exhibits in the person’s case in the custody
40of the juvenile court sealed, including the juvenile court record,
P6    1minute book entries, and entries on dockets, and any other records
2relating to the case in the custody of the otherbegin delete agenciesend deletebegin insert agencies,
3entities,end insert
and officials as are named in the order.begin delete In any case in
4which a ward of the juvenile court is subject to the registration
5requirements set forth in Section 290 of the Penal Code, a court,
6in ordering the sealing of the juvenile records of the person, also
7shall provide in the order that the person is relieved from the
8registration requirement and for the destruction of all registration
9information in the custody of the Department of Justice and other
10agencies and officials. Notwithstanding any other provision of
11law, the court shall not order the person’s records sealed in any
12case in which the person has been found by the juvenile court to
13have committed an offense listed in subdivision (b) of Section 707
14when he or she had attained 14 years of age or older.end delete
Once the
15court has ordered the person’s records sealed, the proceedings in
16the case shall be deemed never to have occurred, and the person
17may properly reply accordingly to any inquiry about the events,
18the records of which are ordered sealed.begin delete The court shall send a
19copy of the order to each agency and official named therein,
20directing the agency to seal its records and stating the date
21thereafter to destroy the sealed records. Each such agency and
22official shall seal the records in its custody as directed by the order,
23shall advise the court of its compliance, and thereupon shall seal
24the copy of the court’s order for sealing of records that it, he, or
25she received. The person who is the subject of records sealed
26pursuant to this section may petition the superior court to permit
27inspection of the records by persons named in the petition, and the
28superior court may so order. Otherwise, except as provided in
29subdivisions (b) and (e), the records shall not be open to inspection.end delete

begin insert

30(B) The court shall send a copy of the order to each agency,
31entity, and official named in the order, directing the agency or
32entity to seal its records. Each agency, entity, and official shall
33seal the records in its custody as directed by the order, shall advise
34the court of its compliance, and thereupon shall seal the copy of
35the court’s order for sealing of records that the agency, entity, or
36official received.

end insert
begin insert

37(C) In any case in which a ward of the juvenile court is subject
38to the registration requirements set forth in Section 290 of the
39Penal Code, a court, in ordering the sealing of the juvenile records
40of the person, shall also provide in the order that the person is
P7    1relieved from the registration requirement and for the destruction
2of all registration information in the custody of the Department
3of Justice and other agencies, entities, and officials.

end insert
begin insert

4(D) Notwithstanding any other law, the court shall not order
5the person’s records sealed in any case in which the person has
6been found by the juvenile court to have committed an offense
7listed in subdivision (b) of Section 707 when he or she had attained
814 years of age or older.

end insert
begin insert

9(2) In any case in which a person is cited to appear before a
10probation officer or is taken before a probation officer pursuant
11to Section 626, or in any case in which a minor is taken before
12any officer of a law enforcement agency, and no petition is filed,
13the probation department or law enforcement agency shall, at the
14time at which the decision was made to not refer the person to the
15probation department or to the district attorney’s office, seal all
16records, including records of arrest, relating to the person’s case,
17in the custody of the probation department and law enforcement
18agency. Once the records have been sealed, the events shall be
19deemed never to have occurred, and the person may properly reply
20accordingly to any inquiry about the events, the records of which
21are sealed.

end insert
begin insert

22(3) The person who is the subject of records sealed pursuant to
23this section may petition the superior court to permit inspection
24of the records by persons named in the petition, and the superior
25court may order the inspection of the records. Except as provided
26in subdivision (b), the records shall not be open to inspection.

end insert

27(b) In any action or proceeding based upon defamation, a court,
28upon a showing of good cause, may order any records sealed under
29this section to be opened and admitted into evidence. The records
30shall be confidential and shall be available for inspection only by
31the court, jury, parties, counsel for the parties, and any other person
32who is authorized by the court to inspect them. Upon the judgment
33in the action or proceeding becoming final, the court shall order
34the records sealed.

35(c) (1) Subdivision (a) does not apply to Department of Motor
36Vehicle records of any convictions for offenses under the Vehicle
37Code or any local ordinance relating to the operation, stopping
38and standing, or parking of a vehicle where the record of any such
39conviction would be a public record under Section 1808 of the
40Vehicle Code. However, if a court orders a case record containing
P8    1any such conviction to be sealed under this section, and if the
2Department of Motor Vehicles maintains a public record of such
3a conviction, the court shall notify the Department of Motor
4Vehicles of the sealing and the department shall advise the court
5of its receipt of the notice.

begin delete

6Notwithstanding

end delete

7begin insert(2)end insertbegin insertend insertbegin insertNotwithstandingend insert any otherbegin delete provision ofend delete law, subsequent to
8the notification, the Department of Motor Vehicles shall allow
9access to its record of convictions only to the subject of the record
10and to insurers which have been granted requestor code numbers
11by the department.begin delete Anyend deletebegin insert Anend insert insurer to whichbegin delete suchend delete a record of
12conviction is disclosed, whenbegin delete such aend deletebegin insert theend insert conviction record has
13otherwise been sealed under this section, shall be given notice of
14the sealing when the record is disclosed to the insurer. The insurer
15may use the information contained in the record for purposes of
16determining eligibility for insurance and insurance rates for the
17subject of the record, and the information shall not be used for any
18other purpose nor shall it be disclosed by an insurer to any person
19or party not having access to the record.

begin delete

20(2)

end delete

21begin insert(3)end insert This subdivision shall notbegin delete be construed as preventingend deletebegin insert preventend insert
22 the sealing of any recordbegin delete whichend deletebegin insert thatend insert is maintained by any agency
23or party other than the Department of Motor Vehicles.

begin delete

24(3)

end delete

25begin insert(4)end insert This subdivision shall notbegin delete be construed as affectingend deletebegin insert affectend insert
26 the procedures or authority of the Department of Motor Vehicles
27for purging department records.

begin delete end deletebegin delete

28(d) Unless for good cause the court determines that the juvenile
29court record shall be retained, the court shall order the destruction
30of a person’s juvenile court records that are sealed pursuant to this
31section as follows: five years after the record was ordered sealed,
32if the person who is the subject of the record was alleged or
33adjudged to be a person described by Section 601; or when the
34person who is the subject of the record reaches the age of 38 if the
35person was alleged or adjudged to be a person described by Section
36602, except that if the subject of the record was found to be a
37person described in Section 602 because of the commission of an
38offense listed in subdivision (b) of Section 707 when he or she
39was 14 years of age or older, the record shall not be destroyed.
P9    1Any other agency in possession of sealed records may destroy its
2records five years after the record was ordered sealed.

end delete
begin delete end deletebegin delete end deletebegin delete

3(e) The court may access a file that has been sealed pursuant to
4this section for the limited purpose of verifying the prior
5jurisdictional status of a ward who is petitioning the court to resume
6its jurisdiction pursuant to subdivision (e) of Section 388. This
7access shall not be deemed an unsealing of the record and shall
8not require notice to any other entity.

end delete
begin delete end deletebegin delete

9(f)

end delete

10begin insert(d)end insert This section shall not permit the sealing of a person’s
11juvenile court records for an offense where the person is convicted
12of that offense in a criminal court pursuant to the provisions of
13Section 707.1. This subdivision is declaratory of existing law.

begin delete

14(g)

end delete

15begin insert(e)end insert (1) On and after January 1, 2015, each court and probation
16department shall ensure that information regarding the eligibility
17for and the procedures to request the sealing and destruction of
18records pursuant to this section shall be provided to each person
19who is either of the following:

20(A) A person for whom a petition has been filed on or after
21January 1, 2015, to adjudge the person a ward of the juvenile court.

22(B) A person who is brought before a probation officer pursuant
23to Section 626.

24(2) The Judicial Council shall, on or before January 1, 2015,
25develop informational materials for purposes of paragraph (1) and
26shall develop a form to petition the court for the sealing and
27destruction of records pursuant to this section. The informational
28materials and the form shall be provided to each person described
29in paragraph (1) when jurisdiction is terminated or when the case
30is dismissed.

31begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 903.3 of the end insertbegin insertWelfare and Institutions Codeend insertbegin insert is
32amended to read:end insert

33

903.3.  

(a) begin delete The father, mother, spouse, or otherend deletebegin insert Aend insert personbegin delete liable
34for the support of a minor person, the person himself or herself if
35he or sheend delete
begin insert whoend insert isbegin delete an adult, or the estatesend deletebegin insert 26 yearsend insert ofbegin delete those personsend delete
36begin insert age or olderend insert shall, unless indigent, be liable for the cost to the
37county and court for any investigation related to the sealing and
38for the sealing of any juvenile court or arrest records pursuant to
39Section 781 pertaining to that person.begin delete The liability of those persons
40and estates shall be a joint and several liability.end delete

P10   1(b) In the event a petition is filed for an order sealing a record,
2begin delete the father, mother, spouse, or other person liable for the support
3ofend delete
abegin delete minor, thatend delete personbegin delete if he or sheend deletebegin insert whoend insert isbegin delete an adult, or the estateend delete
4begin insert 26 yearsend insert ofbegin delete that person,end deletebegin insert age or olderend insert may be required to reimburse
5the county and court for the actual cost of services rendered,
6whether or not the petition is granted and the records are sealed
7or expunged, at a rate to be determined by the county board of
8supervisors for the county and by the court for the court, not to
9exceed one hundred fifty dollars ($150). Ability to make this
10reimbursement shall be determined by the court using the standards
11set forth in paragraph (2) of subdivision (g) of Section 987.8begin insert of
12the Penal Codeend insert
and shall not be a prerequisite to a person’s
13eligibility under this section. The court may order reimbursement
14in any case in which the petitioner appears to have the ability to
15pay, without undue hardship, all or any portion of the cost for
16services.

17(c) Notwithstanding subdivision (a),begin delete the father, mother, spouse,
18or otherend delete
begin insert aend insert personbegin delete liable for the support of the minor, the person
19himself or herself if he or she is an adult, the estate of that person,
20or the estate of the minor,end delete
shall not be liable for the costs described
21in this section if a petition to declare the minor a dependent child
22of the court pursuant to Section 300 is dismissed at or before the
23jurisdictional hearing.

24(d) Any determination of amount made by a court under this
25section shall be valid only if either (1) made under procedures
26adopted by the Judicial Council or (2) approved by the Judicial
27Council.

28begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
29this act contains costs mandated by the state, reimbursement to
30local agencies and school districts for those costs shall be made
31pursuant to Part 7 (commencing with Section 17500) of Division
324 of Title 2 of the Government Code.

end insert
begin delete
33

SECTION 1.  

Section 1752 of the Welfare and Institutions
34Code
, as amended by Chapter 1365 of the Statutes of 1972, is
35amended to read:

36

1752.  

(a) To the extent that necessary funds are available for
37the purposes, the director may do all of the following:

38(1) Establish and operate a treatment and training service and
39 other services as are proper for the discharge of his or her duties.

P11   1(2) Create administrative districts suitable to the performance
2of his or her duties.

3(3) Employ and discharge all those persons as may be needed
4for the proper execution of the duties of the authority. That
5employment and discharge shall be in accord with the civil service
6laws of this state.

7(b) Notwithstanding Section 18932 of the Government Code,
8the maximum age shall be 35 years for any open examination for
9the position of parole agent I, group supervisor, youth counselor,
10and other custodial and parole positions which normally afford
11entry into the Department of Corrections and Rehabilitation,
12Division of Juvenile Facilities, unless the applicant is already a
13“state safety” member for the purposes of retirement and disability
14benefits.

15

SEC. 2.  

Section 1752 of the Welfare and Institutions Code, as
16amended by Section 7 of Chapter 453 of the Statutes of 1981, is
17amended to read:

18

1752.  

(a) To the extent that necessary funds are available for
19the purposes the director may do all of the following:

20(1) Establish and operate a treatment and training service and
21 other services as are proper for the discharge of his or her duties.

22(2) Create administrative districts suitable to the performance
23of his or her duties.

24(3) Employ and discharge all those persons as may be needed
25for the proper execution of the duties of the authority. That
26employment and discharge shall be in accord with the civil service
27laws of this state.

28(b) An open examination for the position of parole agent I, group
29supervisor, youth counselor, and other custodial and parole
30positions which normally afford entry into the Department of
31Corrections and Rehabilitation, Division of Juvenile Facilities shall
32require the demonstration of the physical ability to effectively
33carry out the duties and responsibilities of the position in a manner
34which would not inordinately endanger the health or safety of a
35custodial person or a parolee or the health and safety of others.

end delete


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