BILL NUMBER: SB 504 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 6, 2015
INTRODUCED BY Senator Lara
FEBRUARY 26, 2015
An act to amend Section 1752 of the Welfare and
Institutions Code, relating to juvenile justice. An
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.
LEGISLATIVE COUNSEL'S DIGEST
SB 504, as amended, Lara. Juvenile justice.
Court records: sealing.
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.
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.
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.
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.
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.
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.
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.
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.
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.
This bill would make technical nonsubstantive changes to those
provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1203.45 of the Penal
Code is amended to read:
1203.45. (a) In a case in which a person was under the
age of 18 years of age at the time of commission
of a misdemeanor and is eligible for, or has previously received,
the relief provided by Section 1203.4 or 1203.4a, that person, in a
proceeding under Section 1203.4 or 1203.4a, or a separate proceeding,
may petition the court for an order sealing the record of conviction
and other official records in the case, including records of arrests
resulting in the criminal proceeding and records relating to other
offenses charged in the accusatory pleading, whether the
defendant was acquitted or charges were dismissed. If the court finds
that the person was under the age 18 years
of 18 age at the time of the
commission of the misdemeanor, and is eligible for relief under
Section 1203.4 or 1203.4a or has previously received that relief, it
may issue its order granting the relief prayed for. 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.
(b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
(c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of a local ordinance relating to operation, standing,
stopping, or parking of a motor vehicle.
(d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:
(1) One of the offenses includes the other or others.
(2) The other conviction or convictions were for the following:
(A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23105, 23152, 23153, or 23220.
(B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
(3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
(e) This section shall apply in a case in which a person was under
the age 21 years of 21
age at the time of the commission of an offense
as to which this section is made applicable if that offense was
committed prior to March 7, 1973.
(f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(g) A person who is 26 years of age of older and
petitions for an order sealing a record under this section may be
required to reimburse the court for the actual cost of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the court, not to
exceed one hundred fifty dollars ($150), and to reimburse the county
for the actual cost of services rendered, whether or not the petition
is granted and the records are sealed or expunged, at a rate to be
determined by the county board of supervisors, not to exceed one
hundred fifty dollars ($150), and to reimburse any city for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the city council, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in a case in which the petitioner appears to
have the ability to pay, without undue hardship, all or any portion
of the cost for services established pursuant to this subdivision.
SEC. 2. Section 781 of the Welfare and
Institutions Code is amended to read:
781. (a) (1) (A) In
any 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 any case in which a person is cited to appear before a
probation officer or is taken before a probation officer pursuant to
Section 626, or in any case in which a minor is taken before any
officer of a law enforcement agency, the person or
court shall, at the county probation
officer may, five years or more after time the
jurisdiction of the juvenile court has terminated as to the person,
or, in a case in which no petition is filed, five years or
more after the person was cited to appear before a probation officer
or was taken before a probation officer pursuant to Section 626 or
was taken before any officer of a law enforcement agency, or, in any
case, at any time after the person has reached the age of 18 years,
petition the court for sealing of the records, including records of
arrest, relating to the person's case, in the custody of the juvenile
court and probation officer and any other agencies, including law
enforcement agencies, and public officials as the petitioner alleges,
in his or her petition, to have custody of the records. The court
shall notify the district attorney of the county and the county
probation officer, if he or she is not the petitioner, and the
district attorney or probation officer or any of their deputies or
any other person having relevant evidence may testify at the hearing
on the petition. If, after hearing, the court finds that since the
termination of jurisdiction or action pursuant to Section 626, as the
case may be, he or she has not been convicted of a felony or of any
misdemeanor involving moral turpitude and that rehabilitation has
been attained to the satisfaction of the court, it shall
order all records, papers, and exhibits in the person's case in the
custody of the juvenile court sealed, including the juvenile court
record, minute book entries, and entries on dockets, and any other
records relating to the case in the custody of the other
agencies agencies, entities, and officials as
are named in the order. In any case in which a ward of the
juvenile court is subject to the registration requirements set forth
in Section 290 of the Penal Code, a court, in ordering the sealing of
the juvenile records of the person, also shall provide in the order
that the person is relieved from the registration requirement and for
the destruction of all registration information in the custody of
the Department of Justice and other agencies and officials.
Notwithstanding any other provision of law, the court shall not order
the person's records sealed in any case in which the person has been
found by the juvenile court to have committed an offense listed in
subdivision (b) of Section 707 when he or she had attained 14 years
of age or older. 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 properly reply accordingly to any
inquiry about the events, the records of which are ordered sealed.
The court shall send a copy of the order to each agency and
official named therein, directing the agency to seal its records and
stating the date thereafter to destroy the sealed records. Each such
agency and official shall seal the records in its custody as directed
by the order, shall advise the court of its compliance, and
thereupon shall seal the copy of the court's order for sealing of
records that it, he, or she received. The person who is the subject
of records sealed pursuant to this section may petition the superior
court to permit inspection of the records by persons named in the
petition, and the superior court may so order. Otherwise, except as
provided in subdivisions (b) and (e), the records shall not be open
to inspection.
(B) The court shall send a copy of the order to each agency,
entity, and official named in the order, directing the agency or
entity to seal its records. Each agency, entity, and official shall
seal the records in its custody as directed by the order, shall
advise the court of its compliance, and thereupon shall seal the copy
of the court's order for sealing of records that the agency, entity,
or official received.
(C) In any case in which a ward of the juvenile court is subject
to the registration requirements set forth in Section 290 of the
Penal Code, a court, in ordering the sealing of the juvenile records
of the person, shall also provide in the order that the person is
relieved from the registration requirement and for the destruction of
all registration information in the custody of the Department of
Justice and other agencies, entities, and officials.
(D) Notwithstanding any other law, the court shall not order the
person's records sealed in any case in which the person has been
found by the juvenile court to have committed an offense listed in
subdivision (b) of Section 707 when he or she had attained 14 years
of age or older.
(2) In any case in which a person is cited to appear before a
probation officer or is taken before a probation officer pursuant to
Section 626, or in any case in which a minor is taken before any
officer of a law enforcement agency, and no petition is filed, the
probation department or law enforcement agency shall, at the time at
which the decision was made to not refer the person to the probation
department or to the district attorney's office, seal all records,
including records of arrest, relating to the person's case, in the
custody of the probation department and law enforcement agency. Once
the records have been sealed, the events shall be deemed never to
have occurred, and the person may properly reply accordingly to any
inquiry about the events, the records of which are sealed.
(3) The person who is the subject of records sealed pursuant to
this section may petition the superior court to permit inspection of
the records by persons named in the petition, and the superior court
may order the inspection of the records. Except as provided in
subdivision (b), the records shall not be open to inspection.
(b) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
(c) (1) Subdivision (a) does not apply to Department of Motor
Vehicle records of any convictions for offenses under the Vehicle
Code or any local ordinance relating to the operation, stopping and
standing, or parking of a vehicle where the record of any such
conviction would be a public record under Section 1808 of the Vehicle
Code. However, if a court orders a case record containing any such
conviction to be sealed under this section, and if the Department of
Motor Vehicles maintains a public record of such a conviction, the
court shall notify the Department of Motor Vehicles of the sealing
and the department shall advise the court of its receipt of the
notice.
Notwithstanding
(2) Notwithstanding any other
provision of law, subsequent to the notification,
the Department of Motor Vehicles shall allow access to its record of
convictions only to the subject of the record and to insurers which
have been granted requestor code numbers by the department.
Any An insurer to which such
a record of conviction is disclosed, when such a
the conviction record has otherwise been sealed under this
section, shall be given notice of the sealing when the record is
disclosed to the insurer. The insurer may use the information
contained in the record for purposes of determining eligibility for
insurance and insurance rates for the subject of the record, and the
information shall not be used for any other purpose nor shall it be
disclosed by an insurer to any person or party not having access to
the record.
(2)
(3) This subdivision shall not be construed as
preventing prevent the sealing of any record
which that is maintained by any agency
or party other than the Department of Motor Vehicles.
(3)
(4) This subdivision shall not be construed as
affecting affect the procedures or authority of
the Department of Motor Vehicles for purging department records.
(d) Unless for good cause the court determines that the juvenile
court record shall be retained, the court shall order the destruction
of a person's juvenile court records that are sealed pursuant to
this section as follows: five years after the record was ordered
sealed, if the person who is the subject of the record was alleged or
adjudged to be a person described by Section 601; or when the person
who is the subject of the record reaches the age of 38 if the person
was alleged or adjudged to be a person described by Section 602,
except that if the subject of the record was found to be a person
described in Section 602 because of the commission of an offense
listed in subdivision (b) of Section 707 when he or she was 14 years
of age or older, the record shall not be destroyed. Any other agency
in possession of sealed records may destroy its records five years
after the record was ordered sealed.
(e) The court may access a file that has been sealed pursuant to
this section for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
This access shall not be deemed an unsealing of the record and shall
not require notice to any other entity.
(f)
(d) This section shall not permit the sealing of a
person's juvenile court records for an offense where the person is
convicted of that offense in a criminal court pursuant to the
provisions of Section 707.1. This subdivision is declaratory of
existing law.
(g)
(e) (1) On and after January 1, 2015, each court and
probation department shall ensure that information regarding the
eligibility for and the procedures to request the sealing and
destruction of records pursuant to this section shall be provided to
each person who is either of the following:
(A) A person for whom a petition has been filed on or after
January 1, 2015, to adjudge the person a ward of the juvenile court.
(B) A person who is brought before a probation officer pursuant to
Section 626.
(2) The Judicial Council shall, on or before January 1, 2015,
develop informational materials for purposes of paragraph (1) and
shall develop a form to petition the court for the sealing and
destruction of records pursuant to this section. The informational
materials and the form shall be provided to each person described in
paragraph (1) when jurisdiction is terminated or when the case is
dismissed.
SEC. 3. Section 903.3 of the Welfare
and Institutions Code is amended to read:
903.3. (a) The father, mother, spouse, or other
A person liable for the support of a
minor person, the person himself or herself if he or she
who is an adult, or the estates 26
years of those persons age or older
shall, unless indigent, be 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 Section
781 pertaining to that person. The liability of those
persons and estates shall be a joint and several liability.
(b) In the event a petition is filed for an order sealing a
record, the father, mother, spouse, or other person liable
for the support of a minor, that person
if he or she who is an adult,
or the estate 26 years of that person,
age or older may be required to reimburse the
county and court for the actual cost of services rendered, whether or
not the petition is granted and the records are sealed or expunged,
at a rate to be determined by the county board of supervisors for the
county and by the court for the court, not to exceed one hundred
fifty dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 of the Penal Code
and shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services.
(c) Notwithstanding subdivision (a), the father, mother,
spouse, or other a person liable for the
support of the minor, the person himself or herself if he or she is
an adult, the estate of that person, or the estate of the minor,
shall not be liable for the costs described in this section
if a petition to declare the minor a dependent child of the court
pursuant to Section 300 is dismissed at or before the jurisdictional
hearing.
(d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
SEC. 4. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 1752 of the Welfare and
Institutions Code, as amended by Chapter 1365 of the Statutes of
1972, is amended to read:
1752. (a) To the extent that necessary funds are available for
the purposes, the director may do all of the following:
(1) Establish and operate a treatment and training service and
other services as are proper for the discharge of his or her duties.
(2) Create administrative districts suitable to the performance of
his or her duties.
(3) Employ and discharge all those persons as may be needed for
the proper execution of the duties of the authority. That employment
and discharge shall be in accord with the civil service laws of this
state.
(b) Notwithstanding Section 18932 of the Government Code, the
maximum age shall be 35 years for any open examination for the
position of parole agent I, group supervisor, youth counselor, and
other custodial and parole positions which normally afford entry into
the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, unless the applicant is already a "state safety"
member for the purposes of retirement and disability benefits.
SEC. 2. Section 1752 of the Welfare and
Institutions Code, as amended by Section 7 of Chapter 453 of the
Statutes of 1981, is amended to read:
1752. (a) To the extent that necessary funds are available for
the purposes the director may do all of the following:
(1) Establish and operate a treatment and training service and
other services as are proper for the discharge of his or her duties.
(2) Create administrative districts suitable to the performance of
his or her duties.
(3) Employ and discharge all those persons as may be needed for
the proper execution of the duties of the authority. That employment
and discharge shall be in accord with the civil service laws of this
state.
(b) An open examination for the position of parole agent I, group
supervisor, youth counselor, and other custodial and parole positions
which normally afford entry into the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities shall require the
demonstration of the physical ability to effectively carry out the
duties and responsibilities of the position in a manner which would
not inordinately endanger the health or safety of a custodial person
or a parolee or the health and safety of others.