California 2017-2018 Regular Session Status: In Committee

AB 2659 — Juvenile records: inspection: criminal prosecution.

Last action — In committee: Held under submission.

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  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 2017-2018 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a case file, including, among others, the attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. Under existing law, in child dependency proceedings, if a juvenile case file, or any portion thereof, is privileged or confidential pursuant to any other state law or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the juvenile case file or any portion thereof prevail over provisions permitting access to the information. Except for specified persons who are entitled to access juvenile case files without a court order, existing law requires an individual seeking access to those files to petition the juvenile court. Existing law authorizes the juvenile court to release the portion of, or information relating to the contents of, juvenile case files only if disclosure is not detrimental to the safety, protection, or physical or emotional well-being of a child who is directly or indirectly connected to the juvenile case that is the subject of the petition. Existing law requires the court, prior to the release of the juvenile case file or any portion thereof, to afford due process, including a notice and an opportunity to file an objection to the release of the record or report to all interested parties. This bill would additionally authorize an individual seeking access to juvenile case files in child dependency proceedings to petition the criminal court for purposes of releasing information to a criminal prosecutor or a criminal defense attorney of record if the court determines that the file contains information that is material to a current criminal prosecution, as specified. The bill would make conforming changes to related provisions. This bill would require the petitioner to submit a petition indentifying the specific types of records to be released and a declaration under penalty of perjury in support of the release of the information that demonstrates the materiality of the records. Before the court releases the information, the bill would require a court order issued by the court to be signed by the parties who would receive a copy of the redacted juvenile case file, and would require the order to state specified restrictions relating to the confidentiality, use, and return of the information, including, among other things, requiring an expert or investigator who is retained by the petitioner and who reviews the information to sign a declaration under penalty of perjury that he or she is familiar with the terms of the order. By expanding the crime of perjury, 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 no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. In committee: Held under submission.

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

  3. Re-referred to Com. on APPR.

  4. Read second time and amended.

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

  6. Re-referred to Com. on PUB. S.

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

  8. Referred to Com. on PUB. S.

  9. From printer. May be heard in committee March 18.

  10. Read first time. To print.

Sponsors

  • Cooley · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Cooley

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

public-safety civil-rights
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Frequently asked questions

What does AB 2659 do?
Existing law generally provides for the confidentiality of information regarding a minor in proceedings in the juvenile court and related court proceedings and limits access to juvenile case files. Existing law authorizes only certain individuals to inspect a case file, including, among others, the attorneys for the parties, judges, referees, other hearing officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. Under existing law, in child dependency proceedings, if a juvenile case file, or any portion thereof, is privileged or confidential pursuant to any other state law or federal law or regulation, the requirements of that state law or federal law or regulation prohibiting or limiting release of the juvenile case file or any portion thereof prevail over provisions permitting access to the information. Except for specified persons who are entitled to access juvenile case files without a court order, existing law requires an individual seeking access to those files to petition the juvenile court. Existing law authorizes the juvenile court to release the portion of, or information relating to the contents of, juvenile case files only if disclosure is not detrimental to the safety, protection, or physical or emotional well-being of a child who is directly or indirectly connected to the juvenile case that is the subject of the petition. Existing law requires the court, prior to the release of the juvenile case file or any portion thereof, to afford due process, including a notice and an opportunity to file an objection to the release of the record or report to all interested parties. This bill would additionally authorize an individual seeking access to juvenile case files in child dependency proceedings to petition the criminal court for purposes of releasing information to a criminal prosecutor or a criminal defense attorney of record if the court determines that the file contains information that is material to a current criminal prosecution, as specified. The bill would make conforming changes to related provisions. This bill would require the petitioner to submit a petition indentifying the specific types of records to be released and a declaration under penalty of perjury in support of the release of the information that demonstrates the materiality of the records. Before the court releases the information, the bill would require a court order issued by the court to be signed by the parties who would receive a copy of the redacted juvenile case file, and would require the order to state specified restrictions relating to the confidentiality, use, and return of the information, including, among other things, requiring an expert or investigator who is retained by the petitioner and who reviews the information to sign a declaration under penalty of perjury that he or she is familiar with the terms of the order. By expanding the crime of perjury, 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 no reimbursement is required by this act for a specified reason.
Who sponsors AB 2659?
AB 2659 is sponsored by Cooley.
What is the current status of AB 2659?
This bill died with 2017-2018 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 2659?
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