BILL ANALYSIS �
SB 1038
Page 1
SENATE THIRD READING
SB 1038 (Leno)
As Amended June 4, 2014
Majority vote
SENATE VOTE :23-13
PUBLIC SAFETY 5-2
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|Ayes:|Ammiano, Jones-Sawyer, |
| |Quirk, Skinner, Stone, |
| | |
|-----+--------------------------|
|Nays:|Melendez, Waldron |
| | |
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SUMMARY : Provides for the automatic dismissal of juvenile
petitions and sealing of records, as specified, in cases where a
juvenile successfully completes probation and authorizes the
juvenile court to dismiss a petition, as specified, after a
person reaches the age of 21. Specifically, this bill :
1)Provides that if the minor satisfactorily completes:
a) An informal program of supervision, as specified;
b) Probation, as specified; or,
c) A term of probation for any offense other than a
specified serious, sexual, or violent offense, the court
shall order the petition dismissed, and the arrest upon
which the judgment was deferred shall be deemed not to have
occurred.
2)Requires the court to seal all records in its custody
pertaining to a petition dismissed according to the above
provision, 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, and the court may access the sealed file for the
limited purpose of verifying the prior jurisdictional status
of a ward who is petitioning the court to resume its
SB 1038
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jurisdiction.
3)Removes the restriction that a person be under the age of 21
when a juvenile court dismisses a juvenile delinquency
petition based on the court's finding that the dismissal
serves the interests of justice and the welfare of the person
who is the subject of the petition, or that he or she is not
in need of treatment or rehabilitation.
4)Provides that the above provision is not to be interpreted to
require the court to maintain jurisdiction over a person who
is the subject of a petition between the time the court's
jurisdiction over that person terminates and the point at
which his or her petition is dismissed.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This bill will further the
dual purposes of the juvenile justice system: rehabilitation
and reintegration, by better ensuring that juveniles have a
clear pathway to clearing their records, when in compliance with
existing statutory and probationary requirements. The bill
recognizes the established role of California's Juvenile Courts
as institutions of reform, not punishment, and will help
individuals with juvenile records to find and hold jobs, and
become fully functioning members of society.
"Overwhelming research in the field of adolescent behavior
indicates that developmental changes occurring during
adolescence often make it difficult for juveniles to properly
understand the consequences of their actions. It is therefore
essential that as many youth as possible receive a second chance
at rehabilitation, since young people can often turn their lives
around before it is too late. SB 1038 will give them a second
chance at a clean slate when pursuing higher education or
entering the workforce, two of the best ways to ensure that a
youthful offender does not return to the care of the State as an
adult criminal later in life."
Please see the policy committee analysis for a full discussion
of this bill.
SB 1038
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Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744
FN: 0003926