AB 1006 - An Act to Amend Section 781 of the Welfare and Institutions Code, Relating to Juvenile Court Records.

Juvenile court records: sealing and destruction. 2013-2014 Legislature. View bill details
Author(s):
Summary:
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person’s case, including records in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have… More
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person’s case, including records in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law permits the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age. This provision does not apply if the person was found by the juvenile court to have committed any one of specified serious or violent offenses and the person was 14 years of age or older when he or she committed the offense. Existing law also does not permit the sealing of a person’s juvenile court record for an offense if the person has been convicted of that offense in a criminal court, as specified.

This bill would require, on and after January 1, 2015, each court and probation department to ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records is provided to each person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court and to specified other minors who are taken into temporary custody and brought before a probation officer, as specified. The bill would require the Judicial Council, on or before January 1, 2015, to develop related informational materials and a specified form. The bill would specify when the materials and the form are to be provided.

By imposing additional duties on local probation departments, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Committee on Public Safety Vote: Do pass and be re-referred to the Committee on Appropriations.

PASSED on April 2, 2013.

voted YES: 6 voted NO: 0
1 voted present/not voting

An Act to Amend Section 781 of the Welfare and Institutions Code, Relating to Juvenile Court Records.

AB 1006 — 2013-2014 Legislature

Summary
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person’s case, including records in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law permits the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age. This provision does not apply if the person was found by the juvenile court to have committed any one of specified serious or violent offenses and the person was 14 years of age or older when he or she committed the offense. Existing law also does not permit the sealing of a person’s juvenile court record for an offense if the person has been convicted of that offense in a criminal court, as… More
Existing law authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of the records relating to the person’s case, including records in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. Existing law permits the petition to be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age. This provision does not apply if the person was found by the juvenile court to have committed any one of specified serious or violent offenses and the person was 14 years of age or older when he or she committed the offense. Existing law also does not permit the sealing of a person’s juvenile court record for an offense if the person has been convicted of that offense in a criminal court, as specified.

This bill would require, on and after January 1, 2015, each court and probation department to ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records is provided to each person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court and to specified other minors who are taken into temporary custody and brought before a probation officer, as specified. The bill would require the Judicial Council, on or before January 1, 2015, to develop related informational materials and a specified form. The bill would specify when the materials and the form are to be provided.

By imposing additional duties on local probation departments, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Section 781 of the Welfare and Institutions Code, Relating to Juvenile Court Records.
Author(s)
Mariko Yamada
Co-Authors
Subjects
  • Juvenile court records: sealing and destruction
Major Actions
Introduced2/22/2013
Referred to Committee
Passed Assembly Committee on Public Safety4/02/2013
Passed Assembly Committee on Appropriations4/10/2013
Passed Assembly4/15/2013
Passed Senate Committee on Public Safety6/04/2013
Passed Senate Committee on Appropriations6/24/2013
Passed Senate8/19/2013
Passed Assembly8/22/2013
Presented to the governor (enrolled)8/29/2013
Became law (chaptered).9/09/2013
Bill History
Chamber/CommitteeMotionDateResult
currently selectedAssembly Committee on Public SafetyDo pass and be re-referred to the Committee on Appropriations.4/02/2013This motion PASSED the Assembly Committee on Public Safety
6 voted YES 0 voted NO 1 voted present/not voting
select this voteAssembly Committee on AppropriationsDo pass.4/10/2013This motion PASSED the Assembly Committee on Appropriations
17 voted YES 0 voted NO 0 voted present/not voting
select this voteAssemblyAB 1006 YAMADA Assembly Third Reading4/15/2013This bill PASSED the Assembly
77 voted YES 0 voted NO 2 voted present/not voting
select this voteSenate Committee on Public SafetyDo pass, but re-refer to the Committee on Appropriations.6/04/2013This motion PASSED the Senate Committee on Public Safety
5 voted YES 2 voted NO 0 voted present/not voting
select this voteSenate Committee on AppropriationsDo pass.6/24/2013This motion PASSED the Senate Committee on Appropriations
5 voted YES 1 voted NO 1 voted present/not voting
select this voteSenateAssembly 3rd Reading AB1006 Yamada By Torres8/19/2013This bill PASSED the Senate
25 voted YES 11 voted NO 3 voted present/not voting
select this voteAssemblyAB 1006 YAMADA Concurrence in Senate Amendments8/22/2013This bill PASSED the Assembly
78 voted YES 0 voted NO 0 voted present/not voting
ActionDateDescription
Introduced2/22/2013
2/22/2013Introduced. To print.
2/24/2013From printer. May be heard in committee March 26.
2/25/2013Read first time.
3/07/2013Referred to Com. on PUB. S.
currently selectedVote4/02/2013Do pass and be re-referred to the Committee on Appropriations.
4/03/2013From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 2). Re-referred to Com. on APPR.
select this voteVote4/10/2013Do pass.
4/10/2013From committee: Do pass. (Ayes 17. Noes 0.) (April 10).
4/11/2013Read second time. Ordered to third reading.
4/15/2013Read third time. Passed. Ordered to the Senate.
4/15/2013In Senate. Read first time. To Com. on RLS. for assignment.
select this voteAssembly Vote on Passage4/15/2013AB 1006 YAMADA Assembly Third Reading
4/25/2013Referred to Com. on PUB. S.
5/08/2013From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.
select this voteVote6/04/2013Do pass, but re-refer to the Committee on Appropriations.
6/04/2013From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 4). Re-referred to Com. on APPR.
select this voteVote6/24/2013Do pass.
6/24/2013From committee: Do pass. (Ayes 5. Noes 1.) (June 24).
6/25/2013Read second time. Ordered to third reading.
8/19/2013Read third time. Passed. Ordered to the Assembly.
8/19/2013In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.
select this voteSenate Vote on Passage8/19/2013Assembly 3rd Reading AB1006 Yamada By Torres
8/22/2013Senate amendments concurred in. To Engrossing and Enrolling.
select this voteAssembly Vote on Passage8/22/2013AB 1006 YAMADA Concurrence in Senate Amendments
8/29/2013Enrolled and presented to the Governor at 3:30 p.m.
9/09/2013Approved by the Governor.
9/09/2013Chaptered by Secretary of State - Chapter 269, Statutes of 2013.

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An Act to Amend Section 781 of the Welfare and Institutions Code, Relating to Juvenile Court Records.: Do pass and be re-referred to the Committee on Appropriations.

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Tom AmmianoDCA-17$0$0Yes
Reggie Jones-SawyerDCA-59$0$0Yes
Melissa MelendezRCA-67$0$0Yes
Holly MitchellDCA-54$0$0Yes
Bill QuirkDCA-20$0$0Not Voting
Nancy SkinnerDCA-15$0$0Yes
Marie WaldronRCA-75$0$0Yes

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