Bill Text: CA SB1038 | 2013-2014 | Regular Session | Chaptered
Bill Title: Juveniles: dismissal of petition.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 249, Statutes of 2014. [SB1038 Detail]
Download: California-2013-SB1038-Chaptered.html
BILL NUMBER: SB 1038 CHAPTERED
BILL TEXT
CHAPTER 249
FILED WITH SECRETARY OF STATE AUGUST 22, 2014
APPROVED BY GOVERNOR AUGUST 22, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY JUNE 30, 2014
AMENDED IN ASSEMBLY JUNE 4, 2014
AMENDED IN SENATE MARCH 28, 2014
INTRODUCED BY Senator Leno
(Coauthors: Assembly Members Ting and Yamada)
FEBRUARY 18, 2014
An act to amend Section 782 of, and to add Section 786 to, the
Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1038, Leno. Juveniles: dismissal of petition.
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
authorizes a judge of the juvenile court to dismiss a petition, or
set aside the findings and dismiss a petition, at any time before the
minor reaches 21 years of age, if the court finds that the interests
of justice and the welfare of the minor require that dismissal, or
if the court finds that the minor is not in need of treatment or
rehabilitation, regardless of whether the minor is, at the time of
the order, a ward or dependent child of the court.
This bill would delete the restriction that the petition be
dismissed before the minor reaches 21 years of age and would,
instead, authorize a judge of the juvenile court to dismiss a
petition, or set aside the findings and dismiss the petition, if the
court finds that the interests of justice and the welfare of the
person who is the subject of the petition require that dismissal, or
if it finds that he or she is not in need of treatment or
rehabilitation, regardless of whether the person who is the subject
of the petition is, at the time of the order, a ward or dependent
child of the court. The bill would also provide that the court is not
required to maintain jurisdiction over a person who is the subject
of a petition between the time the court's jurisdiction over that
person terminates and the point at which his or her petition is
dismissed.
Existing law authorizes a juvenile court to, among other things,
order a minor who is the subject of a petition to declare the minor a
ward of the juvenile court, to participate in a program of
supervision for up to 6 months with the consent of the minor and the
minor's parents or guardian, without adjudging the minor a ward of
the court. Upon successful completion of the program of supervision,
existing law requires the petition to be dismissed.
Existing law authorizes a person who is the subject of a juvenile
court record and other specified persons to petition the court for
the sealing of the records relating to the person's case at any time
after the person reaches 18 years of age, as specified. Existing law
permits a court to access a file sealed pursuant to these provisions
for the limited purpose of verifying the prior jurisdictional status
of a ward who is petitioning the court to resume its jurisdiction.
Existing law provides that this access shall not be deemed an
unsealing of the record and shall not require notice to any other
entity.
This bill would additionally require 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, as specified. The bill would require the court to seal all
records in the custody of the juvenile court pertaining to that
dismissed petition or a petition dismissed upon satisfactory
completion of a program of supervision, as described above, but would
authorize a prosecuting attorney and the probation department of any
county to have access to those records after they are sealed for the
limited purpose of determining whether the minor is eligible for
deferred entry of judgment. The bill would authorize a court to
access a file sealed pursuant to these provisions for the limited
purpose of verifying the prior jurisdictional status of a ward who is
petitioning the court to resume its jurisdiction. The bill would
provide that this access shall not be deemed an unsealing of the
record and shall not require notice to any other entity.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 782 of the Welfare and Institutions Code is
amended to read:
782. A judge of the juvenile court in which a petition was filed
may dismiss the petition, or may set aside the findings and dismiss
the petition, if the court finds that the interests of justice and
the welfare of the person who is the subject of the petition require
that dismissal, or if it finds that he or she is not in need of
treatment or rehabilitation. The court has jurisdiction to order
dismissal or setting aside of the findings and dismissal regardless
of whether the person who is the subject of the petition is, at the
time of the order, a ward or dependent child of the court. Nothing in
this section shall be interpreted to require the court to maintain
jurisdiction over a person who is the subject of a petition between
the time the court's jurisdiction over that person terminates and the
point at which his or her petition is dismissed.
SEC. 2. Section 786 is added to the Welfare and Institutions Code,
to read:
786. If the minor satisfactorily completes (a) an informal
program of supervision pursuant to Section 654.2, (b) probation under
Section 725, or (c) 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, except that the prosecuting attorney and the
probation department of any 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.
