BILL ANALYSIS Ó SB 504 Page 1 SENATE THIRD READING SB 504 (Lara) As Amended July 14, 2015 Majority vote SENATE VOTE: 25-13 ------------------------------------------------------------------ |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 | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Provides that only a person 26 years of age or older SB 504 Page 2 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: SB 504 Page 3 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. SB 504 Page 4 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 SB 504 Page 5