BILL NUMBER: AB 666	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2015
	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, 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 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,
  the Department of Justice  to be sealed according
to a certain procedure.  The bill would authorize an individual
who has a record that is eligible to be sealed to 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.  The bill
would make records sealed pursuant to this provision available for
access or inspection only under specified 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, 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 Dep  
artment 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 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, 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)  (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 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.
   (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,  the Department of Justice,  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. 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,  the Department of Justice,  or any
other public agency also  be   be, or be s 
 ubject to being,  sealed.
  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.