Bill Text: CA AB1756 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 1756 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Court records: sealing and destruction.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB1756 Detail]

Download: California-2013-AB1756-Introduced.html

BILL NUMBER: AB 1756	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Skinner
   (Coauthors: Assembly Members Brown, Jones-Sawyer, and Weber)

                        FEBRUARY 14, 2014

   An act to amend Section 1203.45 of the Penal Code, and to amend
Section 903.3 of the Welfare and Institutions Code, relating to court
records.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1756, as introduced, Skinner. Court records: sealing and
destruction.
   (1) Existing law authorizes a person to petition the court for an
order sealing the record of conviction and other official records in
a case in which that person was under 18 years of age at the time of
commission of a misdemeanor and is eligible for, or has previously
received, specified relief. Existing law authorizes that person to be
required to reimburse the court, the county, or any city for the
actual cost of services rendered, as specified.
   This bill would only make persons 26 years of age or older liable
to reimburse the court, the county, or any city for the cost of
services.
   (2) Existing law authorizes, except as specified, in a case in
which a petition has been filed with a juvenile court to commence
proceedings to adjudge a person a ward of the court, in a case in
which a person is cited to appear before a probation officer or is
taken before a probation officer pursuant to a specified provision of
law, or in a case in which a minor is taken before an officer of a
law enforcement agency, the person or the county probation officer to
petition the court for the sealing of arrest records and records
relating to the person's case 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 authorizes 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.
   Existing law makes a father, mother, spouse, or other person
liable for the support of a minor person, the person himself or
herself if he or she is an adult, or the estates of those persons,
unless indigent, liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to the above-mentioned
provisions. Existing law also authorizes those persons to be required
to reimburse the court, county, or a city for the actual cost of
services rendered, as specified.
   This bill would only require persons 26 years of age or older who
petitions for an order sealing his or her record, pursuant to
specified provisions, to be liable for the investigative costs and to
reimburse the costs of services rendered.
   (3) By permitting certain persons to receive services from local
agencies free of charge, the bill would increase the level of service
provided by those local agencies, thereby imposing 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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.45 of the Penal Code is amended to read:
   1203.45.  (a) In a case in which a person was under  the
age of  18 years  of age  at the time of commission
of a misdemeanor and is eligible for, or has previously received,
the relief provided by Section 1203.4 or 1203.4a, that person, in a
proceeding under Section 1203.4 or 1203.4a, or a separate proceeding,
may petition the court for an order sealing the record of conviction
and other official records in the case, including records of arrests
resulting in the criminal proceeding and records relating to other
offenses charged in the accusatory pleading, whether defendant was
acquitted or charges were dismissed. If the court finds that the
person was under  the age of  18  years of age
 at the time of the commission of the misdemeanor, and is
eligible for relief under Section 1203.4 or 1203.4a or has previously
received that relief, it may issue its order granting the relief
prayed for. Thereafter the conviction, arrest, or other proceeding
shall be deemed not to have occurred, and the petitioner may answer
accordingly any question relating to their occurrence.
   (b) This section applies to convictions that occurred before, as
well as those that occur after, the effective date of this section.
   (c) This section shall not apply to offenses for which
registration is required under Section 290, to violations of Division
10 (commencing with Section 11000) of the Health and Safety Code, or
to misdemeanor violations of the Vehicle Code relating to operation
of a vehicle or of a local ordinance relating to operation, standing,
stopping, or parking of a motor vehicle.
   (d) This section does not apply to a person convicted of more than
one offense, whether the second or additional convictions occurred
in the same action in which the conviction as to which relief is
sought occurred or in another action, except in the following cases:
   (1) One of the offenses includes the other or others.
   (2) The other conviction or convictions were for the following:
   (A) Misdemeanor violations of Chapters 1 (commencing with Section
21000) to 9 (commencing with Section 22500), inclusive, Chapter 12
(commencing with Section 23100), or Chapter 13 (commencing with
Section 23250) of Division 11 of the Vehicle Code, other than Section
23103, 23104, 23105, 23152, 23153, or 23220.
   (B) Violation of a local ordinance relating to the operation,
stopping, standing, or parking of a motor vehicle.
   (3) The other conviction or convictions consisted of any
combination of paragraphs (1) and (2).
   (e) This section shall apply in a case in which a person was under
 the age of  21  years of age  at the time
of the commission of an offense as to which this section is made
applicable if that offense was committed prior to March 7, 1973.
   (f) In an action or proceeding based upon defamation, a court,
upon a showing of good cause, may order the records sealed under this
section to be opened and admitted into evidence. The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
   (g) A person who  is 26 years of age or older and 
petitions for an order sealing a record under this section may be
required to reimburse the court for the actual cost of services
rendered, whether or not the petition is granted and the records are
sealed or expunged, at a rate to be determined by the court, not to
exceed one hundred fifty dollars ($150), and to reimburse the county
for the actual cost of services rendered, whether or not the petition
is granted and the records are sealed or expunged, at a rate to be
determined by the county board of supervisors, not to exceed one
hundred fifty dollars ($150), and to reimburse any city for the
actual cost of services rendered, whether or not the petition is
granted and the records are sealed or expunged, at a rate to be
determined by the city council, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in a case in which the petitioner appears to
have the ability to pay, without undue hardship, all or any portion
of the cost for services established pursuant to this subdivision.
  SEC. 2.  Section 903.3 of the Welfare and Institutions Code is
amended to read:
   903.3.  (a)  The father, mother, spouse, or other person
liable for the support of a minor person, the person himself or
herself if he or she is an adult, or the estates of those persons
  A person who is 26 years of age or older  shall,
unless indigent, be liable for the cost to the county and court for
any investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to Section 781 pertaining
to that person.  The liability of those persons and estates
shall be a joint and several liability. 
   (b) In the event a petition is filed for an order sealing a
record,  the father, mother, spouse, or other person liable
for the support of a minor, that person if he or she is an adult, or
the estate of that person,   a person who is 26 years of
age or older  may be required to reimburse the county and court
for the actual cost of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the county board of supervisors for the county
and by the court for the court, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8  of the Penal Code
and shall not be a prerequisite to a person's eligibility under this
section. The court may order reimbursement in any case in which the
petitioner appears to have the ability to pay, without undue
hardship, all or any portion of the cost for services.
   (c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that
person, or the estate of the minor, shall not be liable for the costs
described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
   (d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.