BILL ANALYSIS
AB 337
Page 1
GOVERNOR'S VETO
AB 337 (Torres)
As Amended June 1, 2009
2/3 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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|ASSEMBLY: |52-25|(June 3, 2009) |SENATE: |26-11|(September 1, |
| | | | | |2009) |
| | | | | | |
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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.
AB 337
Page 2
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.
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,
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.
AB 337
Page 3
GOVERNOR'S VETO MESSAGE :
"This measure would require each court and probation department
to ensure that information regarding the sealing and destruction
of juvenile records is provided to each person for whom a
petition has been filed, on or after January 1, 2011. While
this information could be helpful to those individuals that
qualify, competent counsel should already be providing this
information. Since this measure would place an additional
burden on government entities that are already facing deep cuts
to court programs and probation departments due to the
continuing fiscal crisis, I am unable to sign this bill."
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0003361