BILL NUMBER: AB 666	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 9, 2015

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 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, in those circumstances, also 
 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. 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  the case, to be sealed,
  those cases, to be sealed according to a certain
procedure,  except as specified.  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  this
section   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 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   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,   707 committed when he or she was
14 years of age or older,  the court shall order the petition
 dismissed, and the arrest upon which the judgment was
deferred shall be deemed not to have occurred.  
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, except that the prosecuting attorney and the probation
department of 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.   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 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) (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)  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.