BILL NUMBER: AB 666	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2015
	AMENDED IN ASSEMBLY  APRIL 9, 2015

INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 24, 2015

   An act to amend Section 786  of   of, and to
add Section 787 to,  the Welfare and Institutions Code, relating
to juveniles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 666, as amended, Mark Stone.  Juveniles: sealing of records.
   Existing law subjects a 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 as specified.
   This bill would provide that these provisions  apply to
certain terms of probation only if the underlying offense was
committed when the minor was 14 years of age or older.  
do not apply if the petition was sustained based on the commission
of certain offenses committed when the individual was 14 years of age
or older.  The bill would require records pertaining to those
cases in the custody of law enforcement agencies, the probation
department, or any other public agency having records pertaining to
those cases, to be sealed according to a certain  procedure,
except as specified.   procedure. The bill would make
records sealed pursuant to this provision available for  
access or inspection only under specif   ied circumstances.
 The bill would make related changes. The bill would also
require the Judicial Council to adopt rules of court, and make
available appropriate forms, providing for the standardized
implementation of these provisions by the juvenile courts. By
imposing new duties on local agencies relating to sealing juvenile
records, this bill would impose a state-mandated local program. 
   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, the probation
officer, or any other agencies, including law enforcement agencies
and public officials as the petitioner alleges to have custody of the
records. Existing law provides that records sealed pursuant to this
provision are not open to inspection, except as specified.  

   This bill would additionally make those records open to inspection
to comply with data collection or data reporting requirements
imposed by other provisions of law and would authorize a court to
give a researcher or research organization access to information
contained in those records, as specified. 
   Existing constitutional provisions require that a statute that
limits the right of access to the meetings of public bodies or the
writings of public officials and agencies be adopted with findings
demonstrating the interest protected by the limitation and the need
for protecting that interest.
   This bill would make legislative findings to that effect.
   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 786 of the Welfare and Institutions Code is
amended to read:
   786.  (a) If a 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 for any  offense not
listed in subdivision (b) of Section 707 committed when he or she
was 14 years of age or older,  offense,  the court
shall order the petition dismissed. The court shall order sealed all
records pertaining to that dismissed petition in the custody of the
juvenile court, and in the custody of law enforcement agencies, the
probation department, or any other public agency having records
pertaining to the case. 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 upon which the judgment was deferred 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
  restitution, including a restitution fine or fee,
 that can be converted to a civil judgment under Section 730.6
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) 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.  
   (d) 
    (   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 and the probation department for
the limited purpose of determining whether the minor is eligible for
deferred entry of judgment pursuant to Section 790 or 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) By the person whose record has been sealed, upon his or her
request and petition to the court to permit inspection of the
records.
   (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. 
   (b)  
   (e) 
    (   g)  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 787 is added to the  
Welfare and Institutions Code   ,  immediately
following Section 786  , to read:  
   787.  (a) Notwithstanding any other law, a record sealed pursuant
to Section 781 or 786 may be accessed by a law enforcement agency,
probation department, court, or other state or 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 provisions of law. However, no personally identifying
information from a sealed record accessed under this subdivision may
be released, disseminated, or published by or through an agency,
department, court, or individual that has accessed or obtained
information from the sealed record.
   (b) Notwithstanding any other law, a court may authorize a
researcher or research organization to access information contained
in records that have been sealed pursuant to Section 781 or 786 for
the purpose of conducting research on juvenile justice populations,
practices, policies, or trends, if both of the following are true:
   (1) The court is satisfied that the research project or study
includes a methodology for the appropriate protection of the
confidentiality of an individual whose sealed record is accessed
pursuant to this subdivision.
   (2) Personally identifying information relating to the individual
whose sealed record is accessed pursuant to this subdivision is not
further released, disseminated, or published by or through the
researcher or research organization.
   (c) For the purposes of this section "personally identifying
information" 6 has the same meaning as in Section 1798.79.8 of the
Civil Code. 
   SEC. 2.   SEC. 3.   The Legislature
finds and declares that Section 1 of this act, which amends Section
786 of the Welfare and Institutions Code, imposes a limitation on the
public's right of access to the meetings of public bodies or the
writings of public officials and agencies within the meaning of
Section 3 of Article I of the California Constitution. Pursuant to
that constitutional provision, the Legislature makes the following
findings to demonstrate the interest protected by this limitation and
the need for protecting that interest:
   In order to protect the privacy of children who have had their
juvenile delinquency court records sealed, it is necessary that
related records in the custody of law enforcement agencies, the
probation department, or any other public agency also be sealed.
   SEC. 3.   SEC. 4.   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.