BILL NUMBER: AB 666	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mark Stone

                        FEBRUARY 24, 2015

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 666, as introduced, 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, in those circumstances, also require records in
the custody of law enforcement agencies, the probation department, or
any other public agency having records pertaining to the case, to be
sealed, except as specified. The bill would also require the
Judicial Council to adopt rules of court, and make available
appropriate forms, providing for the standardized implementation of
this section 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 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 the 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, the court shall order the petition
dismissed, and the arrest upon which the judgment was deferred shall
be deemed not to have occurred. 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,  except that the prosecuting attorney
and the probation department of  any   a 
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. 
   (b) 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.  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.  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.