California 2009-2010 Regular Session Status: To Executive

AB 337 — Juvenile court records: sealing and destruction.

Last action — Consideration of Governor's veto stricken from file.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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 and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. The petition may be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age. This provision does not apply if the person was found by the juvenile court to have committed any one of specified serious or violent offenses and the person was 14 years of age or older when he or she committed the offense. Existing law also does not permit the sealing of a record for an offense if the person has been convicted of that offense in criminal court, as specified. This bill would require, on and after January 1, 2011, each court and probation department to ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records is provided to each person for whom a petition has been filed, on or after January 1, 2011, to adjudge the person a ward of the juvenile court and to specified other minors who are taken into temporary custody and brought before a probation officer, as specified. The bill would require the Judicial Council on or before January 1, 2011, to develop related informational materials and a specified form. The bill would specify when the materials and the form are to be provided. By imposing additional duties on local probation departments, the bill would impose a state-mandated local program. 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.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and to the Governor at 2:45 p.m.

  5. In Assembly. To enrollment.

  6. Read third time, passed, and to Assembly. (Ayes 26. Noes 11. Page 2064.)

  7. Read second time. To third reading.

  8. From committee: Do pass. (Ayes 9. Noes 2.) (July 23).

  9. (Page 1804.)

  10. Joint Rule 62(a) suspended.

  11. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (July 7).

  12. Referred to Com. on PUB. S.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time, passed, and to Senate. (Ayes 52. Noes 25. Page 2059.)

  15. Read second time. To third reading.

  16. Read second time and amended. Ordered returned to second reading.

  17. From committee: Amend, and do pass as amended. (Ayes 13. Noes 4.) (May 28).

  18. In committee: Set, first hearing. Referred to APPR. suspense file.

  19. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 7. Noes 0.) (March 31).

  20. Referred to Com. on PUB. S.

  21. From printer. May be heard in committee March 21.

  22. Read first time. To print.

Sponsors

  • Torres · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Torres

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Assembly 3rd Reading AB337 Torres By Leno

Passed 27 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 251003
Democratic 2000
Republican 0100
Total 271103
% of votes cast 66%27%0%7%
How each member voted (41)
Member Party Vote
Yee — Yea
Florez — Yea
Wyland — Nay
Hancock — Yea
Harman — Nay
Huff — Nay
Lowenthal — Yea
Negrete — Yea
Cedillo — Not Voting
Leno — Yea
Liu — Yea
McLeod — Yea
Runner — Nay
Cogdill — Nay
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Alquist — Yea
Ashburn — Yea
Benoit — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Nay
Simitian — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Hollingsworth — Nay
Kehoe — Yea
Maldonado — Yea
Walters — Nay
Wright — Yea
Cox — Yea
DeSaulnier — Not Voting
Denham — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 9 Yea · 2 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9202
Total 9202
% of votes cast 69%15%0%15%
How each member voted (13)
Member Party Vote
Yee — Yea
Runner — Not Voting
Hancock — Yea
Corbett — Yea
Walters — Nay
Kehoe — Yea
Leno — Yea
Oropeza — Yea
Price — Yea
Wolk — Yea
Wyland — Not Voting
Cox — Yea
Denham — Nay

Official roll call →

AB 337 TORRES Assembly Third Reading

Passed 62 Yea · 27 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 582602
Democratic 2001
Republican 2100
Total 622703
% of votes cast 67%29%0%3%
How each member voted (92)
Member Party Vote
Hagman — Yea
Charles — Yea
Evans — Yea
Feuer — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Chesbro — Yea
Conway — Nay
Coto — Yea
Bill — Nay
Tom — Nay
Fuller — Nay
Furutani — Yea
Garrick — Nay
Gilmore — Yea
Hall — Yea
Bass — Yea
Blakeslee — Nay
Duvall — Nay
Harkey — Nay
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Nay
Krekorian — Yea
Lieu — Yea
Logue — Nay
Mendoza — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Nestande — Nay
Silva — Nay
Smyth — Nay
Villines — Nay
Adams — Nay
Ammiano — Yea
Anderson — Nay
Beall — Yea
Block — Not Voting
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Knight — Nay
Ma — Yea
Miller — Nay
Nielsen — Nay
Price — Yea
Solorio — Yea
Torres — Yea
Tran — Nay
Carter — Yea
Cook — Nay
Emmerson — Nay
Eng — Yea
Davis — Yea
DeVore — Nay
Yamada — Not Voting
Fuentes — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 18 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16400
Democratic 1000
Republican 1000
Total 18400
% of votes cast 82%18%0%0%
How each member voted (22)
Member Party Vote
Charles — Yea
De — Yea
Leon — Yea
John — Yea
A. — Yea
Perez — Yea
Audra — Yea
Hall — Yea
Krekorian — Yea
Davis — Yea
Duvall — Nay
Ammiano — Yea
Harkey — Nay
Miller — Nay
Nielsen — Nay
Price — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Fuentes — Yea
Calderon, Lisa Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 337 do?
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 and the probation officer and any other agencies, including law enforcement agencies and public officials as the petitioner alleges to have custody of the records. The petition may be filed 5 years or more after the jurisdiction of the juvenile court has terminated or, if no petition was filed, 5 years or more after the person was cited to appear before a probation officer or was taken before a probation officer or law enforcement officer, or, in any case, at any time after the person reaches 18 years of age. This provision does not apply if the person was found by the juvenile court to have committed any one of specified serious or violent offenses and the person was 14 years of age or older when he or she committed the offense. Existing law also does not permit the sealing of a record for an offense if the person has been convicted of that offense in criminal court, as specified. This bill would require, on and after January 1, 2011, each court and probation department to ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records is provided to each person for whom a petition has been filed, on or after January 1, 2011, to adjudge the person a ward of the juvenile court and to specified other minors who are taken into temporary custody and brought before a probation officer, as specified. The bill would require the Judicial Council on or before January 1, 2011, to develop related informational materials and a specified form. The bill would specify when the materials and the form are to be provided. By imposing additional duties on local probation departments, the bill would impose a state-mandated local program. 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.
Who sponsors AB 337?
AB 337 is sponsored by Torres.
What is the current status of AB 337?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 337?
Track AB 337 free on One Click Politics — get push/email alerts when it moves.

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