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