California 2019-2020 Regular Session Status: Enacted

AB 1537 — Juvenile records: inspection: prosecutorial discovery.

Last action — Chaptered by Secretary of State - Chapter 50, Statutes of 2019.

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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, 2019. 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 4 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 the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records pertaining to that 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 in accordance with a specified procedure. Existing law also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the person's records, including records of arrest, relating to the person's case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials. Existing law generally authorizes, when juvenile court records have been sealed pursuant to either of those provisions and upon request of the prosecuting attorney, the records to be accessed, inspected, or utilized by the prosecuting attorney 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. This bill would require the prosecuting attorney requesting access to those sealed records to specify the date by which the records are needed. (2) Existing law, as added by Proposition 21 at the March 7, 2000, statewide primary election, authorizes, if a minor has performed satisfactorily during the period in which deferred entry of judgment was granted, the wardship petition to be dismissed and the arrest upon which the judgment was deferred to be deemed never to have occurred and any records in the possession of the juvenile court to be sealed, except as specified. Proposition 21 allows the Legislature to amend its provisions by the enactment of a statute passed in each house by a 23 vote. Existing law authorizes a person who has been arrested for a misdemeanor while a minor to petition the court for an order sealing the records in the case if the person was released from custody because there are insufficient grounds for making a criminal complaint against the person, proceedings against the person were dismissed, or the person was discharged, without a conviction, or the person was acquitted. This bill would additionally authorize the records sealed pursuant to those provisions to be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case, as described in paragraph (1) .

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 50, Statutes of 2019.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 11 a.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 1679.).

  6. Ordered to special consent calendar.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 7. Noes 0.) (June 11).

  9. Referred to Com. on PUB. S.

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

  11. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1480.)

  12. Read second time. Ordered to Consent Calendar.

  13. Read second time and amended. Ordered returned to second reading.

  14. Read second time. Ordered to third reading.

  15. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 8. Noes 0.) (April 23).

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

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

  18. Referred to Com. on PUB. S.

  19. Read first time.

  20. From printer. May be heard in committee March 25.

  21. Introduced. To print.

Sponsors

  • Cunningham · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Cunningham

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

Special Consent AB1537

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 27000
Democratic 10000
Republican 3000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Rubio — Yea
Monning — Yea
Wieckowski — Yea
Mitchell — Yea
Bradford — Yea
Wilk — Yea
Beall — Yea
Atkins — Yea
Hill — Yea
Roth — Yea
Morrell — Yea
Hueso — Yea
Leyva — Yea
Dodd — Yea
Moorlach — Yea
Skinner — Yea
Allen — Yea
Borgeas — Yea
Galgiani — Yea
Hertzberg — Yea
Portantino — Yea
Bates — Yea
Glazer — Yea
Nielsen — Yea
Chang — Yea
Pan — Yea
Mark Stone — Yea
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 2000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Moorlach — Yea
Mitchell — Yea
Morrell — Yea
Bradford — Yea
Skinner — Yea
Jackson, Corey A. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 1537 Cunningham Consent Calendar Second Day

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 46002
Democratic 23002
Republican 7000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Brough — Yea
Kiley — Yea
Mayes — Yea
Salas — Yea
Mathis — Yea
Frazier — Yea
Bigelow — Yea
Cooley — Yea
Smith — Yea
Cunningham — Yea
Gonzalez — Yea
Diep — Yea
Chau — Yea
Gloria — Yea
Bloom — Yea
Rodriguez — Yea
Santiago — Yea
Obernolte — Yea
Voepel — Yea
Chiu — Yea
Gray — Yea
Holden — Yea
Daly — Yea
Eggman — Yea
Maienschein — Yea
Jones-Sawyer — Yea
Friedman — Yea
Ting — Yea
Kamlager-Dove — Yea
Levine — Yea
Melendez — Yea
McCarty — Yea
Low — Yea
Nazarian — Yea
Burke — Yea
Cooper — Yea
Wood — Yea
Medina — Yea
Rendon — Yea
Chu — Yea
O'Donnell — Yea
Weber — Yea
Waldron — Yea
Quirk — Not Voting
Mullin — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Not Voting
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy 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
Patterson, Joe Republican Yea

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 1537 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 the juvenile court to order the petition of a minor who is subject to the jurisdiction of the court dismissed if the minor satisfactorily completes a term of probation or an informal program of supervision, as specified, and requires the court to seal all records pertaining to that 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 in accordance with a specified procedure. Existing law also generally authorizes a person who is the subject of a juvenile court record, or the county probation officer, to petition the court to seal the person's records, including records of arrest, relating to the person's case in the custody of the juvenile court and the probation officer and any other agencies, including law enforcement agencies and public officials. Existing law generally authorizes, when juvenile court records have been sealed pursuant to either of those provisions and upon request of the prosecuting attorney, the records to be accessed, inspected, or utilized by the prosecuting attorney 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. This bill would require the prosecuting attorney requesting access to those sealed records to specify the date by which the records are needed. (2) Existing law, as added by Proposition 21 at the March 7, 2000, statewide primary election, authorizes, if a minor has performed satisfactorily during the period in which deferred entry of judgment was granted, the wardship petition to be dismissed and the arrest upon which the judgment was deferred to be deemed never to have occurred and any records in the possession of the juvenile court to be sealed, except as specified. Proposition 21 allows the Legislature to amend its provisions by the enactment of a statute passed in each house by a 23 vote. Existing law authorizes a person who has been arrested for a misdemeanor while a minor to petition the court for an order sealing the records in the case if the person was released from custody because there are insufficient grounds for making a criminal complaint against the person, proceedings against the person were dismissed, or the person was discharged, without a conviction, or the person was acquitted. This bill would additionally authorize the records sealed pursuant to those provisions to be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case, as described in paragraph (1) .
Who sponsors AB 1537?
AB 1537 is sponsored by Cunningham.
What is the current status of AB 1537?
This bill has been enacted into law. Introduced February 22, 2019. Enacted.
Where can I track AB 1537?
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