California 2019-2020 Regular Session Status: In Committee

AB 3038 — Juvenile records.

Last action — Re-referred to Com. on PUB. S.

  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 2019-2020 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 juvenile case file, including, among others, the minor, the minor's parents or guardian, and 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. Existing law also authorizes some of those individuals to receive copies of the case file. Existing law requires a person who is seeking access to a juvenile case file that is privileged or confidential pursuant to any other state or federal law and who is not entitled to access the record to petition the juvenile court for access. Existing law also prohibits a receiving agency from disseminating a juvenile case file, any portion of the file, or information relating to the content of the juvenile case file to any other person or agency, except as specified. This bill would provide that these provisions do not prohibit a district attorney, city attorney, or city prosecutor that prosecutes criminal or juvenile cases under state law from alerting a defense attorney in a criminal or juvenile proceeding of the need to file a petition to access juvenile records under these provisions because of potentially discoverable evidence in a juvenile case file.

Bill Text

Action History

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

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

  3. Referred to Com. on PUB. S.

  4. Read first time.

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

  6. Introduced. To print.

Sponsors

Sponsorship breakdown

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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.

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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.

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

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 3038 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 juvenile case file, including, among others, the minor, the minor's parents or guardian, and 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. Existing law also authorizes some of those individuals to receive copies of the case file. Existing law requires a person who is seeking access to a juvenile case file that is privileged or confidential pursuant to any other state or federal law and who is not entitled to access the record to petition the juvenile court for access. Existing law also prohibits a receiving agency from disseminating a juvenile case file, any portion of the file, or information relating to the content of the juvenile case file to any other person or agency, except as specified. This bill would provide that these provisions do not prohibit a district attorney, city attorney, or city prosecutor that prosecutes criminal or juvenile cases under state law from alerting a defense attorney in a criminal or juvenile proceeding of the need to file a petition to access juvenile records under these provisions because of potentially discoverable evidence in a juvenile case file.
Who sponsors AB 3038?
AB 3038 is sponsored by Mark Stone.
What is the current status of AB 3038?
This bill died with 2019-2020 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 3038?
Track AB 3038 free on One Click Politics — get push/email alerts when it moves.

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