- District 29
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.
Approved by the Governor.
Chaptered by Secretary of State - Chapter 330, Statutes of 2020.
Enrolled and presented to the Governor at 3 p.m.
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 53. Noes 16. Page 5368.).
In Assembly. Concurrence in Senate amendments pending.
Read third time. Passed. Ordered to the Assembly. (Ayes 26. Noes 10. Page 4437.).
Read second time. Ordered to third reading.
From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 20).
Read second time and amended. Ordered returned to second reading.
In Senate. Read first time. To Com. on RLS. for assignment.
Read third time. Passed. Ordered to the Senate. (Ayes 56. Noes 15. Page 4882.)
Read third time and amended. Ordered to third reading. (Page 4747.)
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 13. Noes 4.) (June 3).
From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended.
In committee: Hearing postponed by committee.
From printer. May be heard in committee March 21.
Read first time. To print.
|Bill Text Versions||Format|
|02/19/20 - Introduced|
|05/04/20 - Amended Assembly|
|06/10/20 - Amended Assembly|
|08/20/20 - Amended Senate|
|09/01/20 - Enrolled|
|09/30/20 - Chaptered|
|No related documents.|
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