BILL NUMBER: AB 897 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 6, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
INTRODUCED BY Assembly Member Gonzalez
FEBRUARY 26, 2015
An act to amend Section 5270.50 of the Welfare and
Institutions Code, relating to mental health. 68152 of
the Government Code, relating to court records.
LEGISLATIVE COUNSEL'S DIGEST
AB 897, as amended, Gonzalez. Mental health: involuntary
confinement. Retention of court records: driving
offenses.
Existing law authorizes the court clerk to destroy court records,
as defined, after notice of destruction, if there is no request and
order for transfer of the records, upon the expiration of specified
time periods after final disposition of the case. Existing law
generally requires the clerk to retain court records relating to
misdemeanors, including misdemeanors alleging reckless driving, for 5
years, or, for specified offenses, including misdemeanor offenses
relating to street racing, for 10 years.
This bill would instead require the court clerk to retain court
records pertaining to street racing offenses for 5 years, and would
require the court clerk to retain records pertaining to reckless
driving offenses for 10 years.
Existing law, the Lanterman-Petris-Short Act, provides for the
involuntary detention and treatment of any person with a mental
disorder who, as a result of the mental disorder, is a danger to
others or to himself or herself, or is gravely disabled. Existing law
establishes various requirements with respect to determinations to
be made by a psychiatrist directly responsible for the person's
treatment as to the initial detention for evaluation and treatment,
for various subsequent periods of confinement for treatment, and for
the release of persons subject to the act. Existing law provides that
if certain conditions are satisfied, the professional person in
charge of the facility providing intensive treatment, his or her
designee, and the professional person directly responsible for the
person's treatment shall not be held civilly or criminally liable for
any action by a person released before or at the end of a specified
30-day treatment period.
This bill would extend those immunity provisions to the attorney
or advocate representing the person, the court-appointed commissioner
or referee, the certification review hearing officer, and the peace
officer responsible for the detainment of the person, for any action
by a person released at or before the end of the 30-day treatment
period.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68152 of the
Government Code is ame nded to read:
68152. The trial court clerk may destroy court records under
Section 68153 after notice of destruction, and if there is no request
and order for transfer of the records, except the comprehensive
historical and sample superior court records preserved for research
under the California Rules of Court, when the following times have
expired after the date of final disposition of the case in the
categories listed:
(a) Civil actions and proceedings, as follows:
(1) Except as otherwise specified: retain 10 years.
(2) Civil unlimited cases, limited cases, and small claims cases,
including after trial de novo, if any, except as otherwise specified:
retain for 10 years.
(3) Civil judgments for unlimited civil cases: retain permanently.
(4) Civil judgments for limited and small claims cases: retain for
10 years, unless judgment is renewed. If judgment is renewed, retain
judgment for length of renewal pursuant to Article 2 (commencing
with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2
of the Code of Civil Procedure.
(5) If a party in a civil case appears by a guardian ad litem:
retain for 10 years after termination of the court's jurisdiction.
(6) Civil harassment, domestic violence, elder and dependent adult
abuse, private postsecondary school violence, and workplace violence
cases: retain for the same period of time as the duration of the
restraining or other orders and any renewals thereof, then retain the
restraining or other orders permanently as a judgment; 60 days after
expiration of the temporary restraining or other temporary orders;
retain judgments establishing paternity under Section 6323 of the
Family Code permanently.
(7) Family law, except as otherwise specified: retain for 30
years.
(8) Adoption: retain permanently.
(9) Parentage: retain permanently.
(10) Change of name, gender, or name and gender: retain
permanently.
(11) Probate:
(A) Decedent estates: retain permanently all orders, judgments,
and decrees of the court, all inventories and appraisals, and all
wills and codicils of the decedent filed in the case, including those
not admitted to probate. All other records: retain for five years
after final disposition of the estate proceeding.
(B) Wills and codicils transferred or delivered to the court
pursuant to Section 732, 734, or 8203 of the Probate Code: retain
permanently. For wills and codicils delivered to the clerk of the
court under Section 8200 of the Probate Code, retain the original
documents as provided in Section 26810.
(C) Substitutes for decedent estate administration:
(i) Affidavit procedures for real property of small value under
Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of
the Probate Code: retain permanently.
(ii) Proceedings for determining succession to property under
Chapter 4 (commencing with Section 13150) of Part 1 of Division 8 of
the Probate Code: retain permanently all inventories and appraisals
and court orders. Other records: retain for five years after final
disposition of the proceeding.
(iii) Proceedings for determination of property passing or
belonging to surviving spouse under Chapter 5 (commencing with
Section 13650) of Part 2 of Division 8 of the Probate Code: retain
permanently all inventories and appraisals and court orders. Other
records: retain for five years after final disposition of the
proceeding.
(D) Conservatorships: retain permanently all court orders.
Documents of trusts established under substituted judgment pursuant
to Section 2580 of the Probate Code: retain as provided in clause
(iii) of subparagraph (G). Other records: retain for five years after
the later of either (i) the final disposition of the conservatorship
proceeding, or (ii) the date of the conservatee's death, if that
date is disclosed in the court's file.
(E) Guardianships: retain permanently orders terminating the
guardianship, if any, and court orders settling final account and
ordering distribution of the estate. Other records: retain for five
years after the later of (i) the final disposition of the
guardianship proceeding, or (ii) the earlier of the date of the ward'
s death, if that date is disclosed in the court's file, or the date
the ward reaches 23 years of age.
(F) Compromise of minor's or disabled person's claim or action,
and disposition of judgment for minors and disabled persons under
Section 372 of the Code of Civil Procedure and Chapter 4 (commencing
with Section 3600) of Part 8 of Division 4 of the Probate Code:
(i) Retain permanently judgments in favor of minors or disabled
persons, orders approving compromises of claims and actions and
disposition of the proceeds of judgments, orders directing payment of
expenses, costs, and fees, orders directing deposits into blocked
accounts and receipts and acknowledgments of those orders, and orders
for the withdrawal of funds from blocked accounts.
(ii) Retain other records for the same retention period as for
records in the underlying case. If there is no underlying case,
retain for five years after the later of either (I) the date the
order for payment or delivery of the final balance of the money or
property is entered, or (II) the earlier of the date of the minor's
death, if that date is disclosed in the court's file, or the date the
minor reaches 23 years of age.
(G) Trusts:
(i) Proceedings under Part 5 (commencing with Section 17000) of
Division 9 of the Probate Code: retain permanently.
(ii) Trusts created by substituted judgment under Section 2580 of
the Probate Code: retain permanently all trust instruments and court
orders. Other records: retain as long as the underlying
conservatorship file is retained.
(iii) Special needs trusts: retain permanently all trust
instruments and court orders. Other records: retain until the later
of either (I) the retention date of "other records" in the
beneficiary's conservatorship or guardianship file under subparagraph
(D) or (E), if any, or (II) five years after the date of the
beneficiary's death, if that date is disclosed in the court's file.
(H) All other proceedings under the Probate Code: retain as
provided for civil cases.
(12) Mental health:
(A) Lanterman Developmental Disabilities Services Act: retain for
10 years.
(B) Lanterman-Petris-Short Act: retain for 20 years.
(C) Riese (capacity) hearings under Sections 5333 and 5334 of the
Welfare and Institutions Code: retain for the later of either (i) 20
years after the date of the capacity determination order, or (ii) the
court records retention date of the underlying involuntary treatment
or commitment proceeding, if any.
(D) Petitions under Chapter 3 (commencing with Section 8100) of
Division 8 of the Welfare and Institutions Code for the return of
firearms to petitioners who relinquished them to law enforcement
while detained in a mental health facility: retain for 10 years.
(13) Eminent domain: retain permanently.
(14) Real property other than unlawful detainer: retain
permanently if the action affects title or an interest in real
property.
(15) Unlawful detainer: retain for one year if judgment is only
for possession of the premises; retain for 10 years if judgment is
for money, or money and possession.
(b) Notwithstanding subdivision (a), any civil or small claims
case in the trial court:
(1) Involuntarily dismissed by the court for delay in prosecution
or failure to comply with state or local rules: retain for one year.
(2) Voluntarily dismissed by a party without entry of judgment:
retain for one year.
(c) Criminal actions and proceedings, as follows:
(1) Capital felony in which the defendant is sentenced to death,
and any felony resulting in a sentence of life or life without the
possibility of parole: retain permanently, including records of the
cases of any codefendants and any related cases, regardless of the
disposition. For the purpose of this paragraph, "capital felony"
means murder with special circumstances when the prosecution seeks
the death penalty. Records of the cases of codefendants and related
cases required to be retained under this paragraph shall be limited
to those cases that are factually linked or related to the charged
offense, that are identified in the courtroom, and that are placed on
the record. If a capital felony is disposed of by a sentence less
than death, or imprisonment for life or life without the possibility
of parole, the judgment shall be retained permanently, and the record
shall be retained for 50 years or for 10 years after the official
written notification of the death of the defendant. If a capital
felony is disposed of by an acquittal, the record shall be retained
for 10 years.
(2) Felony, except as otherwise specified, and in any felony or
misdemeanor case resulting in a requirement that the defendant
register as a sex offender under Section 290 of the Penal Code:
retain judgment permanently. For all other documents: retain for 50
years or the maximum term of the sentence, whichever is longer.
However, any record other than the judgment may be destroyed 10 years
after the death of the defendant. Felony case files that do not
include final sentencing or other final disposition because the case
was bound over from a former municipal court to the superior court
and not already consolidated with the superior court felony case
file: retain for 10 years from the disposition of the superior court
case.
(3) Felony reduced to a misdemeanor: retain in accordance with the
retention period for the relevant misdemeanor.
(4) Felony, if the charge is dismissed, except as provided in
paragraph (6): retain for three years.
(5) Misdemeanor, if the charge is dismissed, except as provided in
paragraph (6): retain for one year.
(6) Dismissal under Section 1203.4 or 1203.4a of the Penal Code:
retain for the same retention period as for records of the underlying
case. If the records in the underlying case have been destroyed,
retain for five years after dismissal.
(7) Misdemeanor, except as otherwise specified: retain for five
years. For misdemeanors alleging a violation of Section
23109, 23109.5, 23103, 23152, or 23153 of the
Vehicle Code: retain for 10 years.
(8) Misdemeanor alleging a marijuana violation under subdivision
(c), (d), or (e) of Section 11357 of the Health and Safety Code, or
subdivision (b) of Section 11360 of the Health and Safety Code:
records shall be destroyed, or redacted in accordance with
subdivision (c) of Section 11361.5 of the Health and Safety Code, two
years from the date of conviction, or from the date of arrest if no
conviction, if the case is no longer subject to review on appeal, all
applicable fines and fees have been paid, and the defendant has
complied with all terms and conditions of the sentence or grant of
probation. However, as provided in subdivision (a) of Section 11361.5
of the Health and Safety Code and paragraph (5) of subdivision (e)
of this section, records of a misdemeanor alleging a marijuana
violation under subdivision (e) of Section 11357 of the Health and
Safety Code shall be retained until the offender attains 18 years of
age, at which time the records shall be destroyed as provided in
subdivision (c) of Section 11361.5 of the Health and Safety Code.
(9) Misdemeanor reduced to an infraction: retain in accordance
with the retention period for the relevant infraction.
(10) Infraction, except as otherwise specified: retain for one
year. Vehicle Code infraction: retain for three years. Infraction
alleging a marijuana violation under subdivision (b) of Section 11357
of the Health and Safety Code: if records are retained past the
one-year minimum retention period, the records shall be destroyed or
redacted in accordance with subdivision (c) of Section 11361.5 of the
Health and Safety Code two years from the date of conviction, or
from the date of arrest if no conviction, if the case is no longer
subject to review on appeal, all applicable fines and fees have been
paid, and the defendant has complied with all terms and conditions of
the sentence or grant of probation.
(11) Criminal protective order: retain until the order expires or
is terminated.
(12) Arrest warrant: retain for the same retention period as for
records in the underlying case. If there is no underlying case,
retain for one year from the date of issue.
(13) Search warrant:
(A) If there is no underlying case, retain for five years from the
date of issue.
(B) If there is any underlying case, retain for 10 years from the
date of issue or, if the retention period for records in the
underlying case is less than 10 years or if the underlying case is a
capital felony described in paragraph (1) of subdivision (c), retain
for the same retention period as for records in the underlying case.
(14) Probable cause declarations: retain for the same retention
period as for records in the underlying case. If there is no
underlying case, retain for one year from the date of declaration.
(15) Proceedings for revocation of postrelease community
supervision or postrelease parole supervision: retain for five years
after the period of supervision expires or is terminated.
(d) Habeas corpus:
(1) Habeas corpus in criminal and family law matters: retain for
the same retention period as for records in the underlying case,
whether granted or denied.
(2) Habeas corpus in mental health matters: retain all records for
the same retention period as for records in the underlying case,
whether granted or denied. If there is no underlying case, retain
records for 20 years.
(e) Juveniles:
(1) Dependent pursuant to Section 300 of the Welfare and
Institutions Code: upon reaching 28 years of age, or on written
request, shall be released to the juvenile five years after
jurisdiction over the person has terminated under subdivision (a) of
Section 826 of the Welfare and Institutions Code. Sealed records
shall be destroyed upon court order five years after the records have
been sealed pursuant to subdivision (c) of Section 389 of the
Welfare and Institutions Code.
(2) Ward pursuant to Section 601 of the Welfare and Institutions
Code: upon reaching 21 years of age, or on written request, shall be
released to the juvenile five years after jurisdiction over the
person has terminated under subdivision (a) of Section 826 of the
Welfare and Institutions Code. Sealed records shall be destroyed upon
court order five years after the records have been sealed under
subdivision (d) of Section 781 of the Welfare and Institutions Code.
(3) Ward pursuant to Section 602 of the Welfare and Institutions
Code: upon reaching 38 years of age under subdivision (a) of Section
826 of the Welfare and Institutions Code. Sealed records shall be
destroyed upon court order when the subject of the record reaches 38
years of age under subdivision (d) of Section 781 of the Welfare and
Institutions Code.
(4) Traffic and some nontraffic misdemeanors and infractions
pursuant to Section 601 of the Welfare and Institutions Code: upon
reaching 21 years of age, or five years after jurisdiction over the
person has terminated under subdivision (c) of Section 826 of the
Welfare and Institutions Code. Records may be microfilmed or
photocopied.
(5) Marijuana misdemeanor under subdivision (e) of Section 11357
of the Health and Safety Code in accordance with procedures specified
in subdivision (a) of Section 11361.5 of the Health and Safety Code:
upon reaching 18 years of age, the records shall be destroyed.
(f) Court records of the appellate division of the superior court:
retain for five years.
(g) Other records:
(1) Bench warrant: retain for the same retention period as for
records in the underlying case. For a bench warrant issued for a
misdemeanor, retain records for the same retention period as for
records in the underlying misdemeanor following issuance. If there is
no return on the warrant, the court may dismiss on its own motion
and immediately destroy the records.
(2) Body attachment: retain for same retention period as for
records in the underlying case.
(3) Bond: retain for three years after exoneration and release.
(4) Court reporter notes:
(A) Criminal and juvenile proceedings: retain notes for 10 years,
except as otherwise specified. Notes reporting proceedings in capital
felony cases (murder with special circumstances when the prosecution
seeks the death penalty and the sentence is death), including notes
reporting the preliminary hearing, shall be retained permanently,
unless the Supreme Court on request of the court clerk authorizes the
destruction.
(B) Civil and all other proceedings: retain notes for five years.
(5) Electronic recordings made as the official record of the oral
proceedings under the California Rules of Court may be destroyed or
deleted as follows:
(A) Any time after final disposition of the case in infraction and
misdemeanor proceedings.
(B) After 10 years in all other criminal proceedings.
(C) After five years in all other proceedings.
(6) Electronic recordings not made as the official record of the
oral proceedings under the California Rules of Court may be destroyed
at any time at the discretion of the court.
(7) Fee waiver applications: retain for the same retention period
as for records in the underlying case.
(8) Judgments within the jurisdiction of the superior court other
than in a limited civil case, misdemeanor case, or infraction case:
retain permanently.
(9) Judgments in misdemeanor cases, infraction cases, and limited
civil cases: retain for the same retention period as for records in
the underlying case.
(10) Juror proceedings, including sanctions: retain for one year.
(11) Minutes: retain for the same retention period as for records
in the underlying case.
(12) Orders not associated with an underlying case, such as orders
for the destruction of court records for telephone taps, orders to
destroy drugs, and other miscellaneous court orders: retain for one
year.
(13) Naturalization index: retain permanently.
(14) Index for cases alleging traffic violations: retain for the
same retention period as for records in the underlying case.
(15) Index, except as otherwise specified: retain permanently.
(16) Register of actions or docket: retain for the same retention
period as for records in the underlying case, but in no event less
than 10 years for civil and small claims cases.
(h) Retention of the court records under this section shall be
extended by order of the court on its own motion, or on application
of a party or an interested member of the public for good cause shown
and on those terms as are just. A fee shall not be charged for
making the application.
(i) The record retention periods provided in this section, as
amended effective January 1, 2014, apply to all court records in
existence prior to that date as well as to records created on or
after that date.
SECTION 1. Section 5270.50 of the Welfare and
Institutions Code is amended to read:
5270.50. (a) Notwithstanding Section 5113, if the provisions of
Section 5270.35 have been met, the professional person in charge of
the facility providing intensive treatment, his or her designee, and
the professional person directly responsible for the person's
treatment shall not be held civilly or criminally liable for any
action by a person released before or at the end of the 30-day
treatment period pursuant to this article.
(b) The attorney or advocate representing the person, the
court-appointed commissioner or referee, the certification review
hearing officer conducting the certification review hearing, and the
peace officer responsible for the detainment of the person shall not
be held civilly or criminally liable for any action by a person
released before or at the end of the 30-day treatment period pursuant
to this article.