AB 328 — Juvenile records.
Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 allows 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. Notwithstanding those provisions, existing law specifically requires the court to provide specified written notice, within 7 days, to the superintendent of the school district of attendance of a juvenile who has been found by the court to have committed certain offenses. If a minor is removed from public school as a result of the court's finding that the minor committed certain offenses, existing law requires the superintendent to maintain the information received from the court in a confidential file and requires the superintendent to defer transmittal of the information received from the court to the principal at the school of attendance until the minor is returned to public school. If the minor is returned to a school district other than the one from which the minor came, existing law requires a parole officer or probation officer having jurisdiction over the minor to notify the superintendent of the last district of attendance of the minor, who shall transmit the notice received from the court to the superintendent of the new district of attendance. This bill would require the parole officer or probation officer to provide notice to a superintendent under those provisions, if the minor is returned to a school district other than the one from which the minor came or to a public school within the school district from which the minor was enrolled prior to removal, within 7 days of the minor's return, and would require this written notice to include the offense found to have been committed by the minor and the disposition of the minor's case. By imposing additional duties on those officers, the bill would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill Text
- Amended 02/27/17 - Amended Assembly Current pdf February 27, 2017
- Introduced 02/07/17 - Introduced pdf February 07, 2017
- AB328 View text html
Action History
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From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
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Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
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In committee: Set, second hearing. Hearing canceled at the request of author.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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Re-referred to Com. on PUB. S.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
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Referred to Com. on PUB. S.
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From printer. May be heard in committee March 10.
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Read first time. To print.
Sponsors
- Tom Lackey · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Lackey, Tom Republican
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.
Subjects
Frequently asked questions
- What does AB 328 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 allows 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. Notwithstanding those provisions, existing law specifically requires the court to provide specified written notice, within 7 days, to the superintendent of the school district of attendance of a juvenile who has been found by the court to have committed certain offenses. If a minor is removed from public school as a result of the court's finding that the minor committed certain offenses, existing law requires the superintendent to maintain the information received from the court in a confidential file and requires the superintendent to defer transmittal of the information received from the court to the principal at the school of attendance until the minor is returned to public school. If the minor is returned to a school district other than the one from which the minor came, existing law requires a parole officer or probation officer having jurisdiction over the minor to notify the superintendent of the last district of attendance of the minor, who shall transmit the notice received from the court to the superintendent of the new district of attendance. This bill would require the parole officer or probation officer to provide notice to a superintendent under those provisions, if the minor is returned to a school district other than the one from which the minor came or to a public school within the school district from which the minor was enrolled prior to removal, within 7 days of the minor's return, and would require this written notice to include the offense found to have been committed by the minor and the disposition of the minor's case. By imposing additional duties on those officers, the bill would create 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
- Who sponsors AB 328?
- AB 328 is sponsored by Lackey, Tom (Republican).
- What is the current status of AB 328?
- 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 328?
- Track AB 328 free on One Click Politics — get push/email alerts when it moves.
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