Bill Text: CA SB1038 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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BILL NUMBER: SB 1038	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Leno

                        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, as introduced, 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.
   This bill would delete the restriction that the petition be
dismissed before the minor reaches 21 years of age.
   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.
   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 pertaining to that dismissed petition in the custody of the
juvenile court, 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.
   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 782 of the Welfare and Institutions Code is
amended to read:
   782.  A judge of the juvenile court in which a petition was filed
 , at any time before the minor reaches the age of 21 years,
 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 minor require
 such   that  dismissal, or if it finds
that the minor is not in need of treatment or rehabilitation. The
court  shall have   has  jurisdiction to
order such  dismissal or setting aside of the
findings and dismissal regardless of whether the minor is, at the
time of  such   the  order, a ward or
dependent child of the court.
  SEC. 2.  Section 786 is added to the Welfare and Institutions Code,
to read:
   786.  If the 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, 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.