AB 2425 — Juvenile police records.

Summary

Existing law requires, except as provided, law enforcement agencies in the County of Los Angeles to release, upon request or by court order, either a complete copy or a redacted copy of a juvenile police record, as defined, to certain individuals and entities, including other law enforcement agencies and the attorney representing the juvenile who is the subject of the juvenile police record in a criminal or juvenile proceeding involving the minor. Existing law provides that information received pursuant to these provisions is confidential, prohibits further dissemination, and makes an intentional violation of the confidentiality provisions a misdemeanor. Existing law generally authorizes a law enforcement agency to disclose to another law enforcement agency, or a person or agency that has a legitimate need, information relating to the taking of a minor into custody. This bill would prohibit a law enforcement agency in any county from releasing a copy of a juvenile police record if the subject of the juvenile police record is (1) a minor who has been diverted by police officers from arrest, citation, detention, or referral to probation or any district attorney and who is currently participating in a diversion program or who has satisfactorily completed a diversion program, (2) a minor who has been counseled and released by police officers without an arrest, citation, detention, or referral to probation or any district attorney, or (3) a minor who does not fall within the jurisdiction of the juvenile delinquency court under current state law, except as specified. The bill would require the law enforcement agency in possession of the juvenile police record to seal the applicable juvenile police records and all other records in its custody relating to the minor's law enforcement contact or referral and participation in a diversion program, as specified. The bill would require the law enforcement agency that seals a juvenile police record of a diverted minor to notify the applicable diversion service provider immediately upon sealing of the record, and would require records in the diversion service provider's custody relating to the minor's law enforcement contact or referral and participation in the program to be kept confidential, as specified. The bill would require the Judicial Council to develop forms to implement these provisions by January 1, 2022. 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 a juvenile is referred by the probation department or prosecutor, and requires a public or private agency operating a diversion program to promptly seal the records in its custody after notice from the probation department to seal the records. This bill would also require the probation department to notify the arresting law enforcement agency to seal the arrest records in its custody relating to the arrest, and would require the arresting law enforcement agency to seal those records no later than 60 days from the date of notification by the probation department. The bill would instead require the public or private agency operating a diversion program to instead seal the records no later than 60 days from the date of notification by the probation department. The bill would require, upon sealing of records, the arresting law enforcement agency and the public or private agency operating a diversion program to notify the probation department that the records have been sealed. Notwithstanding those provisions, the bill would authorize a record 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 in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. By imposing additional duties on law enforcement agencies and probation departments, the bill would impose a state-mandated local program. Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest. This bill would make legislative findings to that effect. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

• Chaptered 09/30/20 - Chaptered Current pdf September 30, 2020
• Enrolled 09/01/20 - Enrolled pdf September 01, 2020
• Amended 08/20/20 - Amended Senate pdf August 20, 2020
• Amended 06/10/20 - Amended Assembly pdf June 10, 2020
• Amended 05/04/20 - Amended Assembly pdf May 04, 2020
• Introduced 02/19/20 - Introduced pdf February 19, 2020
• AB2425 View text html

Action History

1. September 30, 2020

   Chaptered by Secretary of State - Chapter 330, Statutes of 2020.

2. September 30, 2020

   Approved by the Governor.

3. September 11, 2020

   Enrolled and presented to the Governor at 3 p.m.

4. August 30, 2020

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 16. Page 5368.).

5. August 29, 2020

   In Assembly. Concurrence in Senate amendments pending.

6. August 29, 2020

   Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 4437.).

7. August 24, 2020

   Read second time. Ordered to third reading.

8. August 20, 2020

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

9. August 20, 2020

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).

10. August 17, 2020

    In committee: Referred to APPR. suspense file.

11. August 08, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (August 7). Re-referred to Com. on APPR.

12. July 01, 2020

    Referred to Com. on PUB. S.

13. June 16, 2020

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

14. June 15, 2020

    Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 15. Page 4882.)

15. June 10, 2020

    Read third time and amended. Ordered to third reading. (Page 4747.)

16. June 04, 2020

    Read second time. Ordered to third reading.

17. June 03, 2020

    From committee: Do pass. (Ayes 13. Noes 4.) (June 3).

18. June 02, 2020

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

19. May 20, 2020

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (May 19). Re-referred to Com. on APPR.

20. May 05, 2020

    Re-referred to Com. on PUB. S.

21. May 04, 2020

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

22. March 17, 2020

    In committee: Hearing postponed by committee.

23. February 27, 2020

    Referred to Com. on PUB. S.

24. February 20, 2020

    From printer. May be heard in committee March 21.

25. February 19, 2020

    Read first time. To print.

Sponsors

• Mark Stone · Primary

Votes

Subjects