California 2015-2016 Regular Session Status: Enacted

SB 504 — Court records: sealing.

Last action — Chaptered by Secretary of State. Chapter 388, Statutes of 2015.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2015. 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 8 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

Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified. This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services. Existing law authorizes in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records 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 as the petitioner alleges to have custody of the records. This bill would prohibit an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a record pursuant to the above provisions. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner's rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record pursuant to the above provisions. The bill would provide that a minor is not relieved of the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor's records are sealed. The bill would provide that sealing a record does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, and that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. By increasing the number of records local agencies would be required to seal, this bill would impose a state-mandated local program. Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified. This bill would only require persons 26 years of age or older who petition for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered. 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 these statutory provisions.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 388, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 5:45 p.m.

  4. Assembly amendments concurred in. (Ayes 26. Noes 14. Page 2370.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 58. Noes 19. Page 2684.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 11. Noes 4.) (August 19).

  9. July 15 hearing postponed by committee.

  10. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  11. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 2.) (June 30). Re-referred to Com. on APPR.

  12. Referred to Com. on PUB. S.

  13. In Assembly. Read first time. Held at Desk.

  14. Read third time. Passed. (Ayes 25. Noes 13. Page 1257.) Ordered to the Assembly.

  15. Read second time and amended. Ordered to third reading.

  16. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1155.) (May 28).

  17. Set for hearing May 28.

  18. May 4 hearing: Placed on APPR. suspense file.

  19. Set for hearing May 4.

  20. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 730.) (April 21). Re-referred to Com. on APPR.

  21. Set for hearing April 21.

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

  23. From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.

  24. Referred to Com. on RLS.

  25. From printer. May be acted upon on or after March 29.

  26. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Lara · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Lara

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

Unfinished Business SB504 Lara Concurrence

Passed 26 Yea · 14 Nay
Party YeaNayPresentNot Voting
Unaffiliated 241300
Democratic 2100
Total 261400
% of votes cast 65%35%0%0%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Leyva — Yea
Liu — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Nay
Galgiani — Yea
Glazer — Yea
Hall — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hancock — Yea
Cannella — Nay
Hernandez — Yea
Runner — Nay
Block — Yea
Hertzberg — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Leno — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pan — Yea
Pavley — Yea
Bates — Nay
Huff — Nay
Morrell — Nay
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 504 Lara Senate Third Reading By BLOOM

Passed 58 Yea · 19 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 531503
Democratic 4000
Republican 1400
Total 581903
% of votes cast 73%24%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Low — Yea
Maienschein — Yea
Mayes — Not Voting
Mullin — Yea
Obernolte — Nay
Quirk — Yea
Ridley-Thomas — Yea
Ting — Yea
Wagner — Nay
Wood — Yea
Eggman — Yea
Daly — Yea
Burke — Yea
Campos — Yea
Chiu — Yea
Cooley — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Gray — Yea
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Alejo — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Linder — Yea
McCarty — Yea
Medina — Yea
Nazarian — Yea
O'Donnell — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Atkins — Yea
Frazier — Yea
Salas — Nay
Chang — Not Voting
Hadley — Not Voting
Harper — Nay
Baker — Nay
Bigelow — Nay
Chau — Yea
Chu — Yea
Chávez — Nay
Kim — Nay
Levine — Yea
Mathis — Nay
Melendez — Nay
Rodriguez — Yea
Santiago — Yea
Steinorth — Nay
Williams — Yea
Gomez — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 11 Yea · 4 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 9202
Democratic 2000
Republican 0200
Total 11402
% of votes cast 65%24%0%12%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bloom — Yea
Quirk — Yea
Weber — Yea
Eggman — Yea
Daly — Not Voting
Chang — Not Voting
Holden — Yea
Rendon — Yea
Wagner — Nay
Wood — Yea
Gomez — Yea
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

3rd Reading

Passed 25 Yea · 13 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 241201
Democratic 1101
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hertzberg — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Morrell — Nay
Nielsen — Nay
Wolk — Yea
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Hernandez — Yea
Cannella — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Hueso — Yea
Block — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Monning — Yea
Moorlach — Nay
Pan — Yea
Pavley — Yea
Roth — Yea
Wieckowski — Yea
Runner — Not Voting
Fuller — Nay
Huff — Nay
Bates — Nay
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Not Voting
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Beall — Yea
Leyva — Yea
Hill — Yea
Lara — Yea
Mendoza — Yea
Nielsen — Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Nielsen — Yea
Beall — Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 504 do?
Existing law authorizes a person to petition the court for an order sealing the record of conviction and other official records in a case in which that person was under 18 years of age at the time of commission of a misdemeanor and is eligible for, or has previously received, specified relief. Existing law authorizes that person to be required to reimburse the court, the county, or any city for the actual cost of services rendered, as specified. This bill would only make persons 26 years of age or older liable to reimburse the court, the county, or any city for the cost of services. Existing law authorizes in a case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, in a case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to a specified provision of law, or in a case in which a minor is taken before an officer of a law enforcement agency, the person or the county probation officer to petition the court for the sealing of arrest records and records 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 as the petitioner alleges to have custody of the records. This bill would prohibit an unfulfilled order of restitution that has been converted to a civil judgment from barring the sealing of a record pursuant to the above provisions. The bill would also prohibit outstanding restitution fines and court-ordered fees from being considered when assessing whether a petitioner's rehabilitation has been attained to the satisfaction of the court and from barring the sealing of a record pursuant to the above provisions. The bill would provide that a minor is not relieved of the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor's records are sealed. The bill would provide that sealing a record does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution, and that a victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. By increasing the number of records local agencies would be required to seal, this bill would impose a state-mandated local program. Existing law makes a father, mother, spouse, or other person liable for the support of a minor person, the minor when he or she becomes an adult, or the estates of those persons, liable for the cost to the county and court for any investigation related to the sealing and for the sealing of any juvenile court or arrest records pursuant to the above-mentioned provisions. Existing law also authorizes those persons to be required to reimburse the court, county, or a city for the actual cost of services rendered, as specified. This bill would only require persons 26 years of age or older who petition for an order sealing his or her record, pursuant to specified provisions, to be liable for the investigative costs and to reimburse the costs of services rendered. 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 these statutory provisions.
Who sponsors SB 504?
SB 504 is sponsored by Lara.
What is the current status of SB 504?
This bill has been enacted into law. Introduced February 26, 2015. Enacted.
Where can I track SB 504?
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