California 2009-2010 Regular Session Status: In Committee

AB 168 — Juvenile case files: sexually violent predator proceedings.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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

This bill died with 2009-2010 Regular Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides for sentencing enhancements on the basis of prior felony convictions, which are defined to include certain offenses adjudicated before the juvenile court. However, existing law generally provides for the confidentiality of juvenile records, reports, and related information. Those records may be sealed and eventually destroyed, unless the subject of the record was found to be a ward of the court because of the commission of specified felony offenses committed when he or she was 14 years of age or older. Certain persons, including law enforcement personnel who are actively participating in criminal or juvenile proceedings involving a minor, may inspect those records and reports concerning that minor, but those persons may not disseminate the records or reports, or related information, without the prior approval of the presiding judge of the juvenile court, except as specified. Existing sexually violent predator laws set forth procedures under which a person under the jurisdiction of the Department of Corrections and Rehabilitation may be referred for evaluation at least 6 months prior to the person's scheduled date for release from prison if the director determines that the person may be a sexually violent predator, as defined. The sexually violent predator laws provide, under certain circumstances, that this person may be required to stand trial, be found beyond a reasonable doubt to be a sexually violent predator, and be committed for an indeterminate term to the custody of the State Department of Mental Health for appropriate treatment and confinement in a secure facility until his or her diagnosed mental disorder has so changed that he or she is not likely to engage in sexually violent criminal behavior if discharged, as specified. This bill would authorize, in any investigation, action, or proceeding based on the sexually violent predator laws, a court, upon a showing of good cause, to permit the Department of Corrections and Rehabilitation, the State Department of Mental Health, and the attorney petitioning for commitment, or their agents, to obtain and use records that have been sealed, that are relevant to the civil commitment proceeding as determined by the court, in camera, and pertaining to sustained petitions for specified sexually violent offenses that were committed when the person had attained 14 years of age or older. The bill also would authorize, in any civil commitment proceeding based on the sexually violent predator laws, the court, counsel for the parties, any jury, and any other person authorized by the court, to obtain and use the records. The bill would provide that the records would remain confidential, as specified.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, second hearing. Held under submission.

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

  5. Re-referred to Com. on APPR.

  6. Read second time and amended.

  7. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (March 31).

  8. Re-referred to Com. on JUD.

  9. Read second time and amended.

  10. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (March 17).

  11. Referred to Coms. on PUB. S. and JUD.

  12. From printer. May be heard in committee February 28.

  13. Read first time. To print.

Sponsors

  • Jeffries · Cosponsor
  • Nava · Primary
  • Nielsen · Cosponsor
  • Price · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 118 not signed on

Sponsors (1)

  • Nava

Co-sponsors (3)

  • Jeffries
  • Nielsen
  • Price

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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.

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Votes

Subjects

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Frequently asked questions

What does AB 168 do?
Existing law provides for sentencing enhancements on the basis of prior felony convictions, which are defined to include certain offenses adjudicated before the juvenile court. However, existing law generally provides for the confidentiality of juvenile records, reports, and related information. Those records may be sealed and eventually destroyed, unless the subject of the record was found to be a ward of the court because of the commission of specified felony offenses committed when he or she was 14 years of age or older. Certain persons, including law enforcement personnel who are actively participating in criminal or juvenile proceedings involving a minor, may inspect those records and reports concerning that minor, but those persons may not disseminate the records or reports, or related information, without the prior approval of the presiding judge of the juvenile court, except as specified. Existing sexually violent predator laws set forth procedures under which a person under the jurisdiction of the Department of Corrections and Rehabilitation may be referred for evaluation at least 6 months prior to the person's scheduled date for release from prison if the director determines that the person may be a sexually violent predator, as defined. The sexually violent predator laws provide, under certain circumstances, that this person may be required to stand trial, be found beyond a reasonable doubt to be a sexually violent predator, and be committed for an indeterminate term to the custody of the State Department of Mental Health for appropriate treatment and confinement in a secure facility until his or her diagnosed mental disorder has so changed that he or she is not likely to engage in sexually violent criminal behavior if discharged, as specified. This bill would authorize, in any investigation, action, or proceeding based on the sexually violent predator laws, a court, upon a showing of good cause, to permit the Department of Corrections and Rehabilitation, the State Department of Mental Health, and the attorney petitioning for commitment, or their agents, to obtain and use records that have been sealed, that are relevant to the civil commitment proceeding as determined by the court, in camera, and pertaining to sustained petitions for specified sexually violent offenses that were committed when the person had attained 14 years of age or older. The bill also would authorize, in any civil commitment proceeding based on the sexually violent predator laws, the court, counsel for the parties, any jury, and any other person authorized by the court, to obtain and use the records. The bill would provide that the records would remain confidential, as specified.
Who sponsors AB 168?
AB 168 is sponsored by Jeffries, Nava, Nielsen, and Price.
What is the current status of AB 168?
This bill died with 2009-2010 Regular Session. It reached “In Committee” 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 168?
Track AB 168 free on One Click Politics — get push/email alerts when it moves.

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