BILL ANALYSIS Ó
SB 504
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SENATE THIRD READING
SB
504 (Lara)
As Amended July 14, 2015
Majority vote
SENATE VOTE: 25-13
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Public Safety |4-2 |Quirk, Lopez, Low, |Melendez, Lackey |
| | |Santiago | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |11-4 |Gomez, Bloom, Bonta, |Bigelow, Gallagher, |
| | |Calderon, Eggman, |Jones, Wagner |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Holden, Quirk, | |
| | |Rendon, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Provides that only a person 26 years of age or older
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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.
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.
4)Provides that a court is not prohibited from enforcing a civil
judgment for an unfulfilled order of restitution and a minor
is not relieved from the obligation to pay victim restitution,
restitution fines, and court-ordered fines and fees because
the minor's records are sealed.
5)Specifies that a victim or a local collection program may
continue to enforce victim restitution orders, restitution
fines, and court-ordered fines and fees after a record is
sealed and the juvenile court shall have access to any records
sealed pursuant to the provisions in this bill for the limited
purposes of enforcing a civil judgment or restitution order.
EXISTING LAW:
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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.
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
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.
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.
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FISCAL EFFECT: According to the Assembly Appropriations
Committee, potentially moderate state-reimbursable costs
(General Fund) by removing county and city authority to charge a
fee to recoup actual costs, in the $100,000 to $150,000 range.
Although some counties and cities do not currently charge a fee,
this measure would prohibit local agencies from ever charging a
fee to recoup such costs. According to some estimates, the
average cost is about $102. However, in some cases, this cost
includes trial court costs and the actual cost to the County
Probation Department is less than $100. If mandate claims were
submitted for 1,500 petitions statewide for which fees could not
be charged, the reimbursable state mandated cost would be less
than $150,000.
COMMENTS: 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 succeed and become
responsible, law abiding citizens, which is the ultimate goal of
our corrections and rehabilitation system."
Analysis Prepared by:
Stella Choe / PUB. S. / (916) 319-3744 FN:
0001415
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