BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 504


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          Date of Hearing:  June 30, 2015


          Counsel:               Stella Choe








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                                  Bill Quirk, Chair





          SB  
          504 (Lara) - As Amended June 1, 2015





          SUMMARY:    Provides that only a person 26 years of age or older  
          may be charged a fee for petitioning the court for an order  
          sealing his or her record.  Specifically, this bill:



          1)Prohibits an unfulfilled order of restitution that has been  
            converted to a civil judgment from barring the sealing of a  
            record pursuant to provisions of law related to sealing of  
            juvenile records.









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          2)States that outstanding restitution fines and court-ordered  
            fees shall not be considered when assessing whether a  
            petitioner's rehabilitation has been attained to the  
            satisfaction of the court and shall not be a bar to sealing a  
            record.



          3)Recasts provisions within the existing statute into new  
            subdivisions.





          EXISTING LAW:  



          1)States that a person who petitions for an order sealing a   
            juvenile misdemeanor record 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 $150, and to reimburse any county for the actual cost  
            of services rendered, whether or not the petition is granted,  
            at a rate to be determined by the county board of supervisors,  
            not to exceed $150, and to reimburse any city for the actual  
            cost of services rendered, whether or not the petition is  
            granted, at a rate to be determined by the city council, not  
            to exceed $150. (Pen. Code, § 1203.45, sub. (g).)

          2)Provides 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 is an  
            adult, or the estate of that person, 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  








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            the county board of supervisors for the county and by the  
            court for the court, not to exceed $150. Ability to make this  
            reimbursement shall be determined by the court 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.  (Welf. & Inst. Code, § 903.3, subd. (b).



          3)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.  (Pen. Code, § 851.7.)





          FISCAL EFFECT:  Unknown.





          COMMENTS:  



          1)Author's Statement:  According to the author, "SB 504, The  
            Starting Over Strong Initiative, offers us a chance to improve  
            economic opportunities for youth by removing the juvenile  
            expungement fee. In California, we have youth who have served  
            their time for minor misdemeanors and are now ready to turn  
            their lives around. This bill gives youth an opportunity to  








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            succeed and become responsible, law abiding citizens, which is  
            the ultimate goal of our corrections and rehabilitation  
            system."

          2)Background: According to the background materials provided by  
            the author's office, "Under current law, the records-sealing  
            fee serves as an obstacle for a youth's successful reentry.  
            Adjudicated youth who seek to clear their records must pay  
            $150 to petition the court to seal his or her records. Filing  
            the petition is a risk, because payment does not guarantee  
            expungement, yet many of these youth have minor misdemeanors  
            and will be eligible for expungement. 

            "The current law is cost-prohibitive and counterintuitive.  
            Without sealed records, these youth will have limited  
            opportunities and will likely recidivate. When employers and  
            landlords conduct background checks on applicants, a juvenile  
            record can be used as a basis for a denial. Sealing records is  
            the best way to ensure that these youth's past mistakes do not  
            continuously hinder their future opportunities. As long as the  
            fee remains as an obstacle to these youth's rehabilitation,  
            record sealing is an ineffective tool. 


            "SB 504 has the potential to create significant economic  
            benefits once record sealing is more accessible to youth. As  
            adjudicated youth are able to expunge their records they also  
            have increased chances of getting employed and securing  
            housing. Employment offers these youth a chance to contribute  
            as taxpaying citizens in the state thus reducing their chances  
            of recidivism and further decreasing the potential costs of  
            incarceration."


          3)Sealing and Destruction of Records: Minors adjudicated  
            delinquent in juvenile court proceedings may petition the  
            court to have their records sealed unless they were found to  
            have committed certain serious offenses.  (Welf. & Inst. Code,  
            § 781.)  A person may have his or her juvenile court records  








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            sealed by petitioning the court "five years or more after the  
            jurisdiction of the juvenile court has terminated over [the]  
            person adjudged a ward of the court or after [the] minor  
            appeared before a probation officer, or, in any case, at any  
            time after the person has reached the age of 18." (Welf. &  
            Inst. Code, § 781, subd. (a).) Once the court has ordered the  
            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. (Ibid.) The  
            relief consists of sealing all of the records related to the  
            case, including the arrest record, court records, entries on  
            dockets, and any other papers and exhibits. The court must  
            send a copy of the order to each agency and official named in  
            the petition for sealing records, directing the agency to seal  
            its records and stating the date thereafter to destroy the  
            sealed records. (Ibid.) For minors who are convicted of a  
            misdemeanor in adult court, Penal Code Section 1203.45  
            authorizes sealing of such records.

            Current statutes provide that a parent, 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, is 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. This bill would limit  
            the existing fees for petitioning the court to seal records to  
            persons 26 years of age or older.  This bill would also  
            specify that an unfulfilled order of restitution that has been  
            converted to a civil judgment or outstanding restitution fines  
            and court-ordered fees shall not be a bar to sealing a record.  
            
            
          4)Argument in Support:  According to Legal Services for  
            Prisoners with Children, the sponsor of this bill, "Juvenile  
            records can create barriers to employment and housing for  
            young people. An unsealed juvenile record can appear on a  
            background checks and lead to an unfairly adverse employment  
            or housing decision. Without stable employment and housing,  
            there is a higher chance that young people will recidivate and  








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            become involved in the adult criminal justice system. 

            "Current law allows counties to charge young people up to $150  
            for sealing their juvenile record; a prohibitively expensive  
            cost for California's poor youth. An inability to access the  
            juvenile record remedy can result in an inability to access  
            stable employment and housing.

            "SB 504 makes the record sealing process more affordable for  
            one of our state's most vulnerable populations-its youth. This  
            fee, as currently imposed, does not generate substantial  
            revenue, and, even if it did, we should use this opportunity  
            to invest in and support our youth instead of saddling them  
            with additional financial burden. By eliminating the fee for  
            record sealing for youth under the age of twenty-six, SB 504  
            will increase public safety and reduce recidivism."  

          5)Argument in Opposition:  According to the California District  
            Attorneys Association, "Of particular concern is the language  
            providing that outstanding restitution shall not be a bar to  
            having a record sealed. Making restitution is a critical  
            aspect of the rehabilitation process, both for offenders and  
            crime victims.  Prohibiting the court from considering whether  
            the juvenile offender has satisfied his or her restitution  
            requirements provides a skewed perspective on their  
            rehabilitative efforts, and asks the court to make a record  
            sealing determination with only partial information."

          6)Related Legislation: 

             a)   AB 666 (Stone) requires records in the custody of law  
               enforcement agencies, the probation department, or any  
               other public agency having records pertaining to the case,  
               to also be sealed, in a case where a court has ordered a  
               juvenile's records to be sealed, as specified.  AB 666 is  
               pending hearing by the Senate Committee on Public Safety.

             b)   AB 989 (Cooper) would authorize the district attorney  
               and probation department to access sealed juvenile records  








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               for limited purposes.  AB 989 is pending hearing by the  
               Senate Committee on Public Safety.

          7)Prior Legislation:  

             a)   AB 1756 (Skinner), of the 2013-2014 Legislative Session,  
               would have provided that only a person 26 years of age or  
               older may be charged a fee for petitioning the court for an  
               order sealing his or her record. AB 1756 was held in the  
               Senate Committee on Appropriations' Suspense File.

             b)   SB 1038 (Leno), Chapter 249, Statutes of 2014, provides  
               for the automatic dismissal of juvenile petitions and  
               sealing of records when a juvenile offender successfully  
               completes probation.

             c)   AB 1006 (Yamada), Chapter 269, Statute of 2013,  
               requires, on and after January 1, 2015, courts and  
               probation departments, to ensure information regarding the  
               potential sealing of juvenile court records is provided to  
               minors in juvenile proceedings, as specified.

          REGISTERED SUPPORT / OPPOSITION:





          Support


          


          Legal Services for Prisoners with Children (Sponsor)


          East Bay Community Law Center (Co-Sponsor)









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          Youth Justice Coalition (Co-Sponsor)


          A New Way of Life Re-Entry Project


          Alameda County Board of Supervisors 


          All of Us or None of Us


          Alliance for Boys and Men of Color


          American Civil Liberties Union of California


          American Friends Service Committee


          Asian Americans Advancing Justice - Los Angeles 


          Asian Americans Advancing Justice - Sacramento 
          At the Crossroads


          Berkeley Youth Alternatives


          California Coalition of Women Prisoners


          Californians for Safety and Justice


          Californians United for a Responsible Budget








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          Center on Juvenile and Criminal Justice


          Children's Defense Fund - California 


          City of Richmond


          City of Union City


          Coalition for Police Accountability


          Community Works' Project WHAT!


          Courage Campaign


          Dignity & Power Now


          Drug Policy Alliance


          Ella Baker Center for Human Rights


          Fair Chance Project


          Free Indeed Reentry Project


          Friends Committee on Legislation of California








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          Jeff Adachi, San Francisco Public Defender


          Justice Now


          Lawyers' Committee for Civil Rights of the San Francisco Bay  
          Area


          Los Angeles Area Chamber of Commerce


          Justice Now


          National Association of Social Workers, California Chapter
          National Center for Lesbian Rights
          National Center for Youth Law


          National Employment Law Project


          PolicyLink


          Root & Rebound


          RYSE Youth Center


          Starting Over Inc.


          Urban Peace Movement








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          Violence Prevention Coalition of Greater Los Angeles


          W. Hayward Burns Institute


          Youth Law Center





          Opposition


          


          California District Attorneys Association





          Analysis Prepared by:Stella Choe / PUB. S. / (916)  
          319-3744