BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1038|
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THIRD READING
Bill No: SB 1038
Author: Leno (D), et al.
Amended: 3/28/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/8/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NOES: Anderson, Knight
SUBJECT : Juveniles: dismissal of petition
SOURCE : California Public Defenders Association
DIGEST : This bill provides for the automatic dismissal of
juvenile petitions and sealing of records, as specified, in
cases where a juvenile offender successfully completes
probation, and authorizes the juvenile court to dismiss a
delinquency petition after a person reaches the age of 21.
ANALYSIS : Existing law:
1.States that any person under 18 years of age who commits a
crime to the jurisdiction of the juvenile court, which may
adjudge that person to be a ward of the court, except as
specified.
2.Authorizes a judge of the juvenile court to dismiss a
petition, or set aside the findings and dismiss a petition, at
any time before the minor reaches 21 years of age if the court
finds that the interests of justice and the welfare of the
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minor require that dismissal, or if the court finds that the
minor is not in need of treatment or rehabilitation.
3.Authorizes a juvenile court to, among other things, order a
minor who is the subject of a petition to declare the minor a
ward of the juvenile court, to participate in a program of
supervision for up to 6 months with the consent of the minor
and the minor's parents or guardian, without adjudging the
minor a ward of the court. Upon successful completion of the
program of supervision, existing law requires the petition to
be dismissed.
4.Authorizes a person who is the subject of a juvenile court
record and other specified persons to petition the court for
the sealing of the records relating to the person's case at
any time after the person reaches 18 years of age, as
specified.
5.Permits a court to access a file sealed, as specified, for the
limited purpose of verifying the prior jurisdictional status
of a ward who is petitioning the court to resume its
jurisdiction and states that this access shall not be deemed
an unsealing of the record and shall not require notice to any
other entity.
This bill:
1.Deletes the requirement that specified petition dismissals be
made before a minor reaches the age of 21.
2.Provides that, if a minor satisfactorily completes informal or
formal probation, for specified offenses, the court shall
order the petition dismissed, and the arrest upon which the
judgment was deferred shall be deemed not to have occurred.
3.Requires the court to order sealed all records pertaining to
that dismissed petition in the custody of the juvenile court,
except that the prosecuting attorney and the probation
department of any county shall have access to these records
after they are sealed for the limited purpose of determining
whether the minor is eligible for deferred entry of judgment,
as specified.
4.Provides that the court "may access a file that has been
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sealed under these provisions for the limited purpose of
verifying the prior jurisdictional status of a ward who is
petitioning the court to resume its jurisdiction relating to
specified dependency proceedings relating to foster care
placement and transition jurisdiction. "This access shall not
be deemed an unsealing of the record and shall not require
notice to any other entity."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/8/14)
California Public Defenders Association (source)
Juvenile Court Judges of California
All of Us or None
Legal Services for Prisoners with Children
California Partnership
East Bay Community Law Center
Ella Baker Center for Human Rights
Lawyer's Committee for Civil Rights
Center on Juvenile & Criminal Justice
California Attorneys for Criminal Justice
Californians for Safety and Justice
OPPOSITION : (Verified 4/8/14)
California District Attorneys Association
California State Sheriffs' Association
ARGUMENTS IN SUPPORT : According to the author, "SB 1038 will
help individuals with juvenile records to find and hold jobs,
and become fully functioning members of society. The bill will
create a pathway for automatic sealing of a juvenile's record
for individuals who have complied with all existing statutory
and probationary requirements. Additionally, the bill would
eliminate the arbitrary requirement that the court act on a
petition to dismiss juvenile adjudications before the minor
turns 21 years of age."
ARGUMENTS IN OPPOSITION : The California State Sheriffs'
Association states that this bill mandates a juvenile court to
dismiss a petition and seal all records whenever a juvenile was
granted a term of probation and in all cases where a minor
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satisfactorily completes probation. While sealing of records
may be appropriate in certain cases, we are concerned that
sealing of records is not proper in all cases where probation
has been completed, especially in cases involving acts of
violence.
JG:nl 4/9/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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