BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1038|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
Bill No: SB 1038
Author: Leno (D), et al.
Amended: 6/4/14
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/8/14
AYES: Hancock, De Le�n, Liu, Mitchell, Steinberg
NOES: Anderson, Knight
SENATE FLOOR : 23-13, 5/5/14
AYES: Beall, Block, Corbett, Correa, De Le�n, DeSaulnier,
Evans, Hancock, Hernandez, Hill, Hueso, Jackson, Lara, Leno,
Lieu, Liu, Mitchell, Monning, Padilla, Roth, Steinberg,
Torres, Wolk
NOES: Anderson, Berryhill, Cannella, Fuller, Gaines, Galgiani,
Huff, Knight, Morrell, Nielsen, Vidak, Walters, Wyland
NO VOTE RECORDED: Calderon, Pavley, Wright, Yee
ASSEMBLY FLOOR : 42-33, 6/30/14 - See last page for vote
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.
CONTINUED
SB 1038
Page
2
Assembly Amendments clarify that the provision allowing an
individual over age 21 to file a petition for dismissal, shall
not be interpreted to require the court to maintain jurisdiction
over such a person who is above 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
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.Provides for the automatic dismissal of juvenile petitions and
CONTINUED
SB 1038
Page
3
the sealing of records if a person 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.
1.Requires the court to seal all records in its custody
pertaining to a petition dismissed, except for 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 jurisdiction.
2.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.
3.Provides that the 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/her petition is dismissed.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 7/1/14)
California Public Defenders Association (source)
All Of Us Or None
California Association of Black Lawyers
California Attorneys for Criminal Justice
California Coalition for Youth
California Partnership
Californians for Safety and Justice
CONTINUED
SB 1038
Page
4
Center on Juvenile and Criminal Justice
Children's Defense Fund of California
Coalition for Humane Immigrant Rights of Los Angeles
Commonweal Juvenile Justice Program
East Bay Children's Law Offices
East Bay Community Law Center
Ella Baker Center for Human Rights
Friends Committee on Legislation of California
Judicial Council of California
Juvenile Court Judges of California
Lawyers' Committee for Civil Rights of the San Francisco Bay
Area
Legal Services for Prisoners with Children
National Association of Social Workers, California Chapter
Service Employees International Union, Local 1000
Youth Law Center
OPPOSITION : (Verified 7/1/14)
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
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.
ASSEMBLY FLOOR : 42-33, 06/30/14
CONTINUED
SB 1038
Page
5
AYES: Alejo, Ammiano, Bloom, Bocanegra, Bonilla, Bonta,
Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Daly, Dickinson, Eggman, Fong, Garcia, Gonzalez,
Gordon, Hall, Roger Hern�ndez, Holden, Jones-Sawyer, Levine,
Lowenthal, Medina, Mullin, Pan, John A. P�rez, V. Manuel
P�rez, Quirk, Rendon, Ridley-Thomas, Rodriguez, Skinner,
Stone, Ting, Wieckowski, Williams, Yamada, Atkins
NOES: Achadjian, Allen, Bigelow, Ch�vez, Conway, Cooley,
Dababneh, Dahle, Donnelly, Fox, Frazier, Beth Gaines, Gatto,
Gorell, Gray, Grove, Hagman, Harkey, Jones, Linder, Logue,
Maienschein, Mansoor, Melendez, Muratsuchi,
Nestande, Olsen, Patterson, Perea, Quirk-Silva, Salas, Wagner,
Waldron
NO VOTE RECORDED: Gomez, Nazarian, Weber, Wilk, Vacancy
JG:nl 7/1/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED