BILL NUMBER: AB 989	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 26, 2015

INTRODUCED BY   Assembly Member Cooper

                        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  as specified.   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  make a technical, nonsubstantive change
to those provisions.   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 determining a minor's prior program referrals
and risk-needs assessments. 
   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  (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  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.  The 

    (b)     (1)     The 
court shall order sealed all records pertaining to that dismissed
petition in the custody of the juvenile  court, except that
the   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. The   790 or ineligible for
informal supervision pursuant to Section 654.3.  
   (3) The probation department of any county shall have access to
the records after they are sealed for the limited purposes of
determining a minor's prior program referrals and risk-needs
assessments. 
    (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.  This access 
    (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.