California 2013-2014 Regular Session Status: Enacted

AB 1352 — Courts: destruction of court records.

Last action — Chaptered by Secretary of State - Chapter 274, Statutes of 2013.

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

This bill has been enacted into law. Introduced February 22, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law authorizes the court clerk to destroy court records, as defined, after notice of destruction, if there is no request and order for transfer of the records, upon the expiration of specified time periods after final disposition of the case. This bill would revise and reorganize these provisions to, among other things, generally reduce the retention periods for court records, and would establish new retention periods for additional types of records, including proceedings for the revocation of postrelease community supervision. Existing law provides that a copy of a court record created, maintained, preserved, or reproduced according to specified standards shall be deemed an original court record and may be certified as a correct copy of the original record. This bill would authorize the clerk of the court to certify a copy of a court record by electronic or other technological means, if the means adopted by the court reasonably ensures that the certified copy is a true and correct copy of the original record, or of a specified part of the original record. This bill would incorporate additional changes to Section 68150 of the Government Code proposed by AB 1167 that would become operative only if this bill and AB 1167 are both enacted, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 274, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 2662.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1883.).

  7. Read second time. Ordered to third reading.

  8. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  10. In committee: Set, first hearing. Hearing canceled at the request of author.

  11. Read second time and amended. Re-referred to Com. on APPR.

  12. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 11).

  13. Referred to Com. on JUD.

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

  15. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 1478.)

  16. Read second time. Ordered to consent calendar.

  17. From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 8).

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 23). Re-referred to Com. on APPR.

  19. Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  21. Referred to Com. on JUD.

  22. Read first time.

  23. From printer. May be heard in committee March 26.

  24. Introduced. To print.

Sponsors

  • Levine · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Levine

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

AB 1352 LEVINE Concurrence in Senate Amendments

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Linder — Yea
Maienschein — Yea
Mansoor — Yea
Medina — Yea
Olsen — Yea
Skinner — Yea
Weber — Yea
Daly — Yea
Bloom — Yea
Campos — Yea
Gorell — Yea
Mullin — Yea
Nazarian — Yea
Wagner — Yea
Cooley — Yea
Allen — Yea
Eggman — Yea
Bonilla — Yea
Holden — Yea
Morrell — Yea
Quirk — Yea
Ammiano — Yea
Rendon — Yea
Ting — Yea
Wieckowski — Yea
Wilk — Yea
Chau — Yea
Chávez — Yea
Conway — Yea
Hagman — Yea
Harkey — Yea
Logue — Yea
Pan — Yea
Gray — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Jones-Sawyer — Yea
Levine — Yea
Chesbro — Yea
Melendez — Yea
Nestande — Yea
Perea — Yea
Waldron — Yea
Williams — Yea
Dickinson — Yea
Donnelly — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gomez — Yea
Gordon — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1352 Levine By Evans

Passed 37 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 34002
Democratic 3000
Total 37002
% of votes cast 95%0%0%5%
How each member voted (39)
Member Party Vote
Anderson — Yea
Block — Yea
Hill — Yea
Lara — Yea
Lieu — Yea
Torres — Yea
Wright — Yea
Wyland — Yea
Cannella — Yea
Fuller — Yea
De León — Yea
Beall — Yea
Galgiani — Yea
Hancock — Yea
Hernandez — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Roth — Yea
Steinberg — Yea
Vidak — Yea
Walters — Yea
Wolk — Yea
Leno — Not Voting
Pavley — Not Voting
Corbett — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

AB 1352 LEVINE Consent Calendar Second Day

Passed 70 Yea · 0 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 61007
Democratic 6001
Republican 3001
Total 70009
% of votes cast 89%0%0%11%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Blumenfield — Yea
Bradford — Yea
Brown — Yea
Buchanan — Not Voting
Holden — Not Voting
Linder — Yea
Mansoor — Yea
Morrell — Not Voting
Pan — Yea
Perea — Yea
Ting — Yea
Torres — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Gorell — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Logue — Yea
Medina — Yea
Lowenthal — Yea
Gray — Yea
Atkins — Yea
Nazarian — Yea
Mitchell — Yea
Bonilla — Yea
Alejo — Yea
Bigelow — Yea
Daly — Yea
Olsen — Yea
Quirk — Yea
Skinner — Yea
Waldron — Yea
Wilk — Yea
Jones-Sawyer — Yea
Levine — Yea
Bocanegra — Yea
Maienschein — Yea
Melendez — Not Voting
John A. Pérez — Yea
Mullin — Yea
Salas — Yea
Nestande — Yea
Campos — Yea
Stone — Not Voting
Rendon — Yea
Wagner — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Not Voting
Weber — Yea
Wieckowski — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Not Voting
Roger Hernández — Yea
V. Manuel Pérez — Yea
Allen, Benjamin Democratic Not Voting
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Ammiano — Yea
Bradford — Yea
Linder — Yea
Weber — Yea
Hall — Yea
Campos — Yea
Bigelow — Yea
Donnelly — Yea
Eggman — Yea
Bocanegra — Yea
Gatto — Yea
Harkey — Yea
Pan — Yea
Quirk — Yea
Wagner — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety technology
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Frequently asked questions

What does AB 1352 do?
Existing law authorizes the court clerk to destroy court records, as defined, after notice of destruction, if there is no request and order for transfer of the records, upon the expiration of specified time periods after final disposition of the case. This bill would revise and reorganize these provisions to, among other things, generally reduce the retention periods for court records, and would establish new retention periods for additional types of records, including proceedings for the revocation of postrelease community supervision. Existing law provides that a copy of a court record created, maintained, preserved, or reproduced according to specified standards shall be deemed an original court record and may be certified as a correct copy of the original record. This bill would authorize the clerk of the court to certify a copy of a court record by electronic or other technological means, if the means adopted by the court reasonably ensures that the certified copy is a true and correct copy of the original record, or of a specified part of the original record. This bill would incorporate additional changes to Section 68150 of the Government Code proposed by AB 1167 that would become operative only if this bill and AB 1167 are both enacted, and this bill is chaptered last.
Who sponsors AB 1352?
AB 1352 is sponsored by Levine.
What is the current status of AB 1352?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track AB 1352?
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