CA SB 1161

Title: Juveniles.
Author: Josh Becker

Summary
SB 1161, as introduced, Becker. Juveniles. (1) Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor 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 prohibits the sealing of records under this provision if, following termination of the juvenile court’s jurisdiction, the person has been convicted of a felony or of any misdemeanor involving moral turpitude.This bill would prohibit defense counsel for a minor from being ordered to seal their records pursuant to these provisions. The bill would additionally authorize a person to petition for record sealing under these provisions if their felony or misdemeanor involving moral turpitude has been dismissed, vacated, pardoned, or reduced to misdemeanors that do not involve moral turpitude.(2) Existing law requires the probation officer to immediately make any investigation the probation officer deems necessary to determine whether proceedings in the juvenile court shall be commenced. Existing law authorizes the probation officer, if they deem it appropriate, to recommend services to prevent or eliminate the need for removal of the minor from the minor’s home. Existing law authorizes the prosecutory attorney, rather than instituting proceedings, to refer the matter to the probation officer for whatever action the probation officer may deem appropriate.This bill would require, when the probation officer determines proceedings should not be commenced, or the prosecutor refers the matter to the probation officer, the probation officer to promptly release, upon request, copies of the juvenile probation record, as defined, to the minor who is the subject of the juvenile probation record, their parent or guardian, or their counsel. The bill would require the removal of information pertaining to any other juvenile, except as specified.(3) Existing law authorize a probation officer who concludes that a minor is within the jurisdiction of the juvenile court or would come within the jurisdiction of the court if a petition was filed, in lieu of filing a petition to declare a minor a ward of the court or requesting that a petition be filed by the prosecuting attorney to declare a minor a ward of the court, as specified, to refer the minor to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department.This bill would specify that a minor is eligible for informal probation pursuant to these provisions regardless of whether the minor lives in the county where the offense occurred.(4) Existing law authorizes a person who has been arre

Status
Set for hearing April 22.

Bill Documents
CA SB 1161 - 02/14/24 - Introduced
02/14/24 - CA SB 1161 (02/14/24 - Introduced)