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Key Votes

SB 1038 - Amends Juvenile Court Records Laws - Key Vote

California Key Votes

Ted Gaines voted Nay (Passage) on this Legislation.

Read statements Ted Gaines made in this general time period.

Stages

Family

Issues

Stage Details

Legislation - Signed (Executive) -

Title: Amends Juvenile Court Records Laws

Legislation - Concurrence Vote Passed (Senate) (22-12) -
Legislation - Bill Passed With Amendment (House) (42-33) -
Legislation - Bill Passed (Senate) (23-13) - (Key vote)

Title: Amends Juvenile Court Records Laws

Vote Result
Yea Votes
Nay Votes
Vote Smart's Synopsis:

Vote to pass a bill that amends juvenile court records laws.

Highlights:
  • Authorizes a judge of a juvenile court to dismiss a petition filed by a probation officer, district attorney, or prosecuting attorney declaring a minor a ward of the court, if the court finds the following (Sec. 1):
    • The “interests of justice and welfare of the minor require” the dismissal; or
    • The minor is not in need of treatment or rehabilitation.
  • Specifies that the court has jurisdiction to order the dismissal whether or not the minor is a ward or dependent child of the court at the time of the order (Sec. 1).
  • Requires the court to order the petition dismissed, and the arrest upon which the judgment was deferred to be deemed not to have occurred, if the minor “satisfactorily” completes the following (Sec. 2):
    • An informal program of supervision; 
    • Probation; or
    • Probation for any offense, except certain offenses including, but not limited to, murder, arson, and robbery.
  • Requires the court to seal all records in the custody of the court relating to the dismissed petition (Sec. 2).
  • Specifies that the prosecuting attorney and the probation department of any county shall have access to the sealed records for the purpose of determining whether the minor is eligible for deferred entry of judgment (Sec. 2).
Legislation - Introduced (Senate) -

Title: Amends Juvenile Court Records Laws

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