BILL NUMBER: AB 989 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2015
AMENDED IN ASSEMBLY APRIL 16, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
INTRODUCED BY Assembly Member Cooper
( Coauthor: Assembly Member
Lackey )
FEBRUARY 26, 2015
An act to amend Section 786 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 989, as amended, Cooper. Juveniles: sealing of records.
Existing law subjects 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. Under
existing law, juvenile court proceedings to declare a minor a ward of
the court are commenced by the filing of a petition by the probation
officer, the district attorney after consultation with the probation
officer, or the prosecuting attorney, as specified. Existing law
requires the juvenile court to order the petition of a minor who is
subject to the jurisdiction of the court dismissed if the minor
satisfactorily completes a term of probation or an informal program
of supervision, as specified, and requires the court to seal all
records in the custody of the juvenile court pertaining to that
dismissed petition, except that the prosecuting attorney and the
probation department of any county may have access to the records for
the limited purpose of determining whether the minor is eligible for
deferred entry of judgment.
This bill would additionally authorize the prosecuting attorney
and the probation department to have access to the records for the
limited purpose of determining a minor's eligibility for informal
supervision and would authorize the probation department of any
county to have access to the records for the limited purpose of
meeting federal Title IV-B and Title IV-E compliance. The
bill would also authorize the probation department to access the
records for the limited purpose of identifying the minor's previous
court-ordered programs or placements, as specified. The bill
would also authorize a law enforcement agency, probation department,
court, or other local agency that has custody of the sealed record to
access the record, as specified.
This bill would incorporate changes to Section 786 of the Welfare
and Institutions Code proposed by both this bill and AB 666, which
would become operative only if both bills are enacted and become
effective on or before January 1, 2016, and this bill is chaptered
last.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 786 of the Welfare and Institutions Code is
amended to read:
786. (a) If the minor satisfactorily completes (1) an informal
program of supervision pursuant to Section 654.2, (2) probation under
Section 725, or (3) a term of probation served after a finding that
the minor was a ward pursuant to Section 602 for any offense not
listed in subdivision (b) of Section 707, the court shall order the
petition dismissed, and the arrest upon which the judgment
was deferred shall be deemed not to have occurred.
(b) (1) The court shall order sealed all records pertaining to
that dismissed petition in the custody of the juvenile court.
(2) The prosecuting attorney and the probation department of any
county shall have access to the records after they are sealed for the
limited purpose of determining whether the minor is eligible for
deferred entry of judgment pursuant to Section 790 or ineligible for
informal supervision pursuant to Section 654.3.
(3) If a new petition has been filed against the minor for a
felony offense, the probation department of any county shall have
access to the records for the limited purpose of identifying the
minor's previous court-ordered programs or placements, and in that
event solely to determine the individual's eligibility or suitability
for remedial programs or services. The information obtained pursuant
to this paragraph shall not be disseminated to other agencies or
individuals, except as necessary to implement a referral to a
remedial program or service, and shall not be used to support the
imposition of penalties, detention, or other sanctions upon the
minor.
(4) The court may access a file that has been sealed pursuant to
this section for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
(5) The probation department of any county may access the records
for the limited purpose of meeting federal Title IV-B and
Title IV-E compliance.
(6) (A) Notwithstanding any other law, a record sealed pursuant to
Section 781 and this section may be accessed by a law enforcement
agency, probation department, court, or other local agency that has
custody of the sealed record for the limited purpose of complying
with data collection or data reporting requirements that are imposed
by other law subject to subparagraph (B).
(B) Personally identifying information from a sealed record
accessed under this paragraph shall not be released, disseminated, or
published by or through a law enforcement agency, probation
department, court, or other local agency.
(c) The access authorizations described in subdivision (b) shall
not be deemed an unsealing of the record and shall not require notice
to any other entity.
(d) (1) This section does not prohibit a court from enforcing a
civil judgment for an unfulfilled order of restitution obtained
pursuant to Section 730.6. A minor is not relieved from the
obligation to pay victim restitution, a restitution fine, or
court-ordered fines and fees or any combination thereof, because the
minor's records are sealed.
(2) A victim or local collection program may continue to enforce
victim restitution orders, restitution fines, and court-ordered fines
and fees after a record is sealed. The juvenile court shall have
access to any records sealed pursuant to this section for the limited
purpose of enforcing a civil judgment or restitution order.
(e) This section does not prohibit the Department of Social
Services from meeting its obligations to monitor and conduct periodic
evaluations of, and provide reports on, the programs carried under
federal Title IV-B and Title IV-E as required by Sections 622, 629 et
seq., and 671(a)(7) and (22) of Title 42 of the United States Code,
as implemented by federal regulation and state statute.
SEC. 1.5. Section 786 of the Welfare
and Institutions Code is amended to read:
786. (a) If the a
minor satisfactorily completes (a) (1)
an informal program of supervision pursuant to Section 654.2,
(b) (2) probation under Section 725, or
(c) (3) a term of probation for any
offense not listed in subdivision (b) of Section 707,
offense, the court shall order the petition
dismissed, and the arrest upon which the judgment was
deferred shall be deemed not to have occurred.
dismissed. The court shall 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 pursuant to Section
790. The court may access a file that has been sealed pursuant to
this section for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
This access shall not be deemed an unsealing of the record and shall
not require notice to any other entity. and in the
custody of law enforcement agencies, the probation department, or the
Department of Justice. The court shall send a copy of the order to
each agency and official named in the order, direct the agency or
official to seal its records, and specify a date by which the sealed
records shall be destroyed. Each agency and official named in the
order shall seal the records in its custody as directed by the order,
shall advise the court of its compliance, and, after advising the
court, shall seal the copy of the court's order that was received.
The court shall also provide notice to the minor and minor's counsel
that it has ordered the petition dismissed and the records sealed in
the case. The notice shall include an advisement of the minor's right
to nondisclosure of the arrest and proceedings, as specified in
subdivision (b).
(b) Upon the court's order of dismissal of the petition, the
arrest and other proceedings in the case shall be deemed not to have
occurred and the person who was the subject of the petition may reply
accordingly to any inquiry by employers, educational institutions,
or other persons or entities regarding the arrest and proceedings in
the case.
(c) (1) For purposes of this section, satisfactory completion of
an informal program of supervision or another term of probation
described in subdivision (a) shall be deemed to have occurred if the
person has no new findings of wardship or conviction for a felony
offense or a misdemeanor involving moral turpitude during the period
of supervision or probation and if he or she has not failed to
substantially comply with the reasonable orders of supervision or
probation that are within his or her capacity to perform. The period
of supervision or probation shall not be extended solely for the
purpose of deferring or delaying eligibility for dismissal of the
petition and sealing of the records under this section.
(2) An unfulfilled order or condition of restitution, including a
restitution fine that can be converted to a civil judgment under
Section 730.6 or an unpaid restitution fee shall not be deemed to
constitute unsatisfactory completion of supervision or probation
under this section.
(d) A court shall not seal a record or dismiss a petition pursuant
to this section if the petition was sustained based on the
commission of an offense listed in subdivision (b) of Section 707
that was committed when the individual was 14 years of age or older
unless the finding on that offense was dismissed or was reduced to a
lesser offense that is not listed in subdivision (b) of Section 707.
(e) (1) The court may, in making its order to seal the record and
dismiss the instant petition pursuant to this section, include an
order to seal a record relating to, or to dismiss, any prior petition
or petitions that have been filed or sustained against the
individual and that appear to the satisfaction of the court to meet
the sealing and dismissal criteria otherwise described in this
section.
(2) An individual who has a record that is eligible to be sealed
under this section may ask the court to order the sealing of a record
pertaining to the case that is in the custody of a public agency
other than a law enforcement agency, the probation department, or the
Department of Justice, and the court may grant the request and order
that the public agency record be sealed if the court determines that
sealing the additional record will promote the successful reentry
and rehabilitation of the individual.
(f) (1) A record that has been ordered sealed by the court under
this section may be accessed, inspected, or utilized only under any
of the following circumstances:
(A) By the prosecuting attorney, the probation department, or the
court for the limited purpose of determining whether the minor is
eligible and suitable for deferred entry of judgment pursuant to
Section 790 or is ineligible for a program of supervision as defined
in Section 654.3.
(B) By the court for the limited purpose of verifying the prior
jurisdictional status of a ward who is petitioning the court to
resume its jurisdiction pursuant to subdivision (e) of Section 388.
(C) If a new petition has been filed against the minor for a
felony offense, by the probation department for the limited purpose
of identifying the minor's previous court-ordered programs or
placements, and in that event solely to determine the individual's
eligibility or suitability for remedial programs or services. The
information obtained pursuant to this subparagraph shall not be
disseminated to other agencies or individuals, except as necessary to
implement a referral to a remedial program or service, and shall not
be used to support the imposition of penalties, detention, or other
sanctions upon the minor.
(D) Upon a subsequent adjudication of a minor whose record has
been sealed under this section and a finding that the minor is a
person described by Section 602 based on the commission of a felony
offense, by the probation department, the prosecuting attorney,
counsel for the minor, or the court for the limited purpose of
determining an appropriate juvenile court disposition. Access,
inspection, or use of a sealed record as provided under this
subparagraph shall not be construed as a reversal or modification of
the court's order dismissing the petition and sealing record in the
prior case.
(E) Upon the prosecuting attorney's motion, made in accordance
with Section 707, to initiate court proceedings to determine the
minor's fitness to be dealt with under the juvenile court law, by the
probation department, the prosecuting attorney, counsel for the
minor, or the court for the limited purpose of evaluating and
determining the minor's fitness to be dealt with under the juvenile
court law. Access, inspection, or use of a sealed record as provided
under this subparagraph shall not be construed as a reversal or
modification of the court's order dismissing the petition and sealing
the record in the prior case.
(F) By the person whose record has been sealed, upon his or her
request and petition to the court to permit inspection of the
records.
(G) The probation department of any county may access the records
for the limited purpose of meeting federal Title IV-B and Title IV-E
compliance.
(2) Access to, or inspection of, a sealed record authorized by
paragraph (1) shall not be deemed an unsealing of the record and
shall not require notice to any other agency.
(g) (1) This section does not prohibit a court from enforcing a
civil judgment for an unfulfilled order of restitution ordered
pursuant to Section 730.6. A minor is not relieved from the
obligation to pay victim restitution, restitution fines, and
court-ordered fines and fees because the minor's records are sealed.
(2) A victim or a local collection program may continue to enforce
victim restitution orders, restitution fines, and court-ordered
fines and fees after a record is sealed. The juvenile court shall
have access to any records sealed pursuant to this section for the
limited purpose of enforcing a civil judgment or restitution order.
(h) This section does not prohibit the Department of Social
Services from meeting its obligations to monitor and conduct periodic
evaluations of, and provide reports on, the programs carried under
federal Title IV-B and Title IV-E as required by Sections 622, 629 et
seq., and 671(a)(7) and (22) of Title 42 of the United States Code,
as implemented by federal regulation and state statute.
(i) The Judicial Council shall adopt rules of court, and shall
make available appropriate forms, providing for the standardized
implementation of this section by the juvenile courts.
SEC. 2. Section 1.5 of this bill incorporates
amendments to Section 786 of the Welfare and Institutions Code
proposed by both this bill and Assembly Bill 666. It shall only
become operative if (1) both bills are enacted and become effective
on or before January 1, 2016, (2) each bill amends Section 786 of the
Welfare and Institutions Code, and (3) this bill is enacted after
Assembly Bill 666, in which case Section 1 of this bill shall not
become operative.