BILL ANALYSIS
AB 337
Page 1
ASSEMBLY THIRD READING
AB 337 (Torres)
As Amended June 1, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS
13-4
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|Ayes:|Solorio, Hagman, |Ayes: |De Leon, Ammiano, Charles |
| |Furutani, | |Calderon, Davis, Fuentes, |
| |Gilmore, Hill, Ma, | |Hall, John A. Perez, Price, |
| |Skinner | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson, |
| | | |Krekorian |
| | | | |
|-----+-----------------------+------+-----------------------------|
| | |Nays: |Nielsen, Duvall, Harkey, |
| | | |Miller |
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SUMMARY : Requires courts and probation departments to ensure
that information regarding the eligibility and procedures for
the sealing and destruction of juvenile records pursuant to
existing law be provided to specified wards of the juvenile
court. Specifically, this bill :
1)States that the following individuals shall be provided with
information regarding the eligibility and procedures to
request the sealing of juvenile records:
a) Persons for whom a petition has been filed, on or after
January 1, 2011, to adjudge the person a ward of the court.
b) Persons who are brought before a probation officer for
temporary custody proceedings.
2)States that the Judicial Council shall, on or before January
1, 2011, develop informational materials for the purpose of
distribution to the specified minors related to sealing and
destruction of juvenile records, as required by this bill.
EXISTING LAW :
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1)Provides 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 for temporary custody, or in any case in
which a minor is taken before any officer of a law enforcement
agency, the person or the county probation officer may, five
years or more after 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 for temporary custody 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.
2)States that 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 temporary custody action, 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 and officials as are named in
the order.
3)Provides in any case in which a ward of the juvenile court is
subject to specified registration requirements, 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
AB 337
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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 Welfare and Institutions Code Section 707(b) when he
or she had attained 14 years of age or older.
4)States that 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 subdivision (b), the records shall not
be open to inspection.
5)States that 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor absorbable ongoing General Fund costs to the
state trial courts for providing notification when jurisdiction
is terminated.
COMMENTS : According to the author, "Records of the most serious
offenses in juvenile court are open to the public. Offenses not
considered serious are eligible to be sealed. Currently,
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commercial brokers and others, including credit companies,
potential employers, and prospective landlords, are able to
obtain information and hold it against people who may have
committed minor offenses in their youth. Worse, much of the
information may be incomplete or even wrong, failing to reflect
that a case has been dismissed, or the fact that a youth
successfully completed probation and had his or her petition
dismissed. Thus, collateral consequences of juvenile behavior
continue into adulthood: employers may deny jobs or promotions,
landlords may refuse to rent, and people otherwise able and
willing to be productive citizens may be shut out of gainful
activities.
"Although minor offenses can legally be sealed under current
law, many youth and young people do not understand their rights,
and do not understand the process they must undertake to file a
petition in court and ask for relief. This is especially true
for youth who have no guiding adult, mentor or caretaker in
their lives to assist them, many of whom emancipated out of the
foster care system."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0001268