California 2017-2018 Regular Session Status: Enacted

AB 2952 — Juvenile records: sealed records: access.

Last action — Chaptered by Secretary of State - Chapter 1002, Statutes of 2018.

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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 16, 2018. 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

(1) Existing law generally 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. 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 requires a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances. This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified. (2) Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified. Existing law requires a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which the juvenile is referred by the probation officer or the prosecutor in lieu of filing a petition to adjudge the juvenile a ward. Existing law also requires a public or private agency operating a diversion program to seal the records in its custody for that juvenile, as specified. This bill would authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the probation department or the agency operating a diversion program, for the limited purpose of complying with data collection or data reporting requirements, as specified. (3) This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by SB 1281 to be operative only if this bill and SB 1281 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 1002, Statutes of 2018.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6859.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 29 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5776.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Ordered to third reading.

  10. From Consent Calendar.

  11. Read second time. Ordered to Consent Calendar.

  12. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  13. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 19). Re-referred to Com. on APPR.

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

  15. Referred to Com. on PUB. S.

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

  17. Read third time. Passed. Ordered to the Senate. (Ayes 73. Noes 0. Page 5132.)

  18. Read second time. Ordered to Consent Calendar.

  19. From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 2).

  20. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 17). Re-referred to Com. on APPR.

  21. Referred to Com. on PUB. S.

  22. From printer. May be heard in committee March 19.

  23. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

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

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 57001
Democratic 16000
Republican 6000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Acosta — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Jones-Sawyer — Yea
Maienschein — Yea
Mathis — Yea
Mullin — Yea
O'Donnell — Yea
Rendon — Yea
Santiago — Yea
Voepel — Yea
Wood — Yea
Baker — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Friedman — Yea
Fong — Yea
Salas — Yea
Gloria — Yea
Holden — Yea
Gray — Yea
Kamlager-Dove — Yea
Rubio — Yea
Kiley — Yea
Rivas — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Medina — Yea
Chau — Yea
Chu — Yea
Chávez — Yea
Cooley — Yea
Cooper — Yea
Melendez — Yea
Nazarian — Yea
Obernolte — Yea
Quirk — Yea
Rodriguez — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Harper — Yea
Chiu — Yea
Steinorth — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 33002
Democratic 5000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Bradford — Yea
Hill — Yea
Lara — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Yea
Skinner — Yea
Delgado — Yea
Dodd — Yea
Galgiani — Yea
Chang — Yea
Monning — Yea
Pan — Yea
Roth — Yea
Wieckowski — Yea
De León — Yea
Mitchell — Yea
Allen — Yea
Cannella — Not Voting
Portantino — Yea
Atkins — Yea
Glazer — Yea
Hernandez — Yea
Hertzberg — Yea
Hueso — Yea
Leyva — Yea
Beall — Yea
Vidak — Yea
Wilk — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 73 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 52005
Democratic 15000
Republican 6000
Total 73005
% of votes cast 94%0%0%6%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Yea
Holden — Yea
Levine — Yea
Medina — Yea
Mullin — Yea
Obernolte — Not Voting
Rodriguez — Yea
Ting — Yea
Weber — Yea
Eggman — Yea
Cooper — Yea
Chau — Yea
Gloria — Yea
Mathis — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Santiago — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Friedman — Not Voting
Gray — Yea
Harper — Yea
Rubio — Yea
Jones-Sawyer — Yea
Kamlager-Dove — Yea
Kiley — Yea
Low — Yea
Maienschein — Yea
McCarty — Yea
Melendez — Yea
Nazarian — Yea
Baker — Yea
Bigelow — Yea
Chiu — Yea
Chu — Yea
Chávez — Yea
Cooley — Not Voting
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Steinorth — Yea
Thurmond — Yea
Voepel — Yea
Waldron — Yea
Wood — Yea
Cunningham — Yea
Daly — Yea
Frazier — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Not Voting
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Democratic 3000
Republican 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Yea
Obernolte — Yea
Friedman — Yea
Chau — Yea
Fong — Yea
Nazarian — Yea
Gonzalez Fletcher — Yea
Quirk — Yea
Eggman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2952 do?
(1) Existing law generally 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. 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 requires a judge of the juvenile court to dismiss a petition if the ward satisfactorily completes an informal program of supervision, probation, or a term of probation, as specified. Existing law requires the court to order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Existing law authorizes the sealed records of juveniles to be accessed, inspected, or utilized only under limited circumstances. This bill would authorize a prosecuting attorney to access, inspect, or utilize a juvenile record that has been sealed under these provisions in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation, subject to approval by the court, as specified. The bill would establish procedural requirements that would apply to the court and the prosecuting attorney under these provisions, as specified. (2) Existing law authorizes a court and a state or local agency to access certain sealed juvenile records for the limited purpose of complying with data collection or data reporting requirements imposed by other provisions of law. Existing law authorizes a court to grant a researcher or research organization access to information contained in those records, as specified. Existing law requires a probation department to seal the records of a juvenile upon satisfactory completion of a program of diversion or supervision to which the juvenile is referred by the probation officer or the prosecutor in lieu of filing a petition to adjudge the juvenile a ward. Existing law also requires a public or private agency operating a diversion program to seal the records in its custody for that juvenile, as specified. This bill would authorize a court, a state or local agency, and, subject to approval by a court, a researcher or research organization to access those juvenile records sealed by the probation department or the agency operating a diversion program, for the limited purpose of complying with data collection or data reporting requirements, as specified. (3) This bill would incorporate additional changes to Section 786 of the Welfare and Institutions Code proposed by SB 1281 to be operative only if this bill and SB 1281 are enacted and this bill is enacted last.
Who sponsors AB 2952?
AB 2952 is sponsored by Mark Stone.
What is the current status of AB 2952?
This bill has been enacted into law. Introduced February 16, 2018. Enacted.
Where can I track AB 2952?
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