Amended IN Senate June 03, 2019 Amended IN Assembly April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1394Introduced by Assembly Member DalyFebruary 22, 2019 An act to amend Section 903.3 of, and to add Section 781.1 to, and to repeal Section 903.3 of, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1394, as amended, Daly. Juveniles: sealing of records.Existing law authorizes, with exceptions, a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of records relating to the persons case. Existing law establishes the procedures that apply to the sealing of those records.This bill would prohibit a superior court or probation department from charging an applicant a fee for filing a petition to seal records under those provisions. The bill would make conforming changes.Existing law makes a person who is 26 years of age or older, unless indigent, liable for the cost to the county and court for an investigation related to the sealing of juvenile court or arrest records pertaining to that person. Existing law sets forth certain exceptions and reimbursement terms.This bill would delete the persons liability for those costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 781.1 is added to the Welfare and Institutions Code, to read:781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781.SEC. 2.Section 903.3 of the Welfare and Institutions Code is amended to read:903.3.(a) A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person.(b)If a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.(e)In accordance with Section 781.1, this section does not apply to the cost of filing a petition to seal a juvenile court or arrest record under Section 781.SEC. 2. Section 903.3 of the Welfare and Institutions Code is repealed.903.3.(a) A person who is 26 years of age or older shall, unless indigent, be 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 Section 781 pertaining to that person.(b)In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.
Amended IN Senate June 03, 2019 Amended IN Assembly April 22, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1394Introduced by Assembly Member DalyFebruary 22, 2019 An act to amend Section 903.3 of, and to add Section 781.1 to, and to repeal Section 903.3 of, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGESTAB 1394, as amended, Daly. Juveniles: sealing of records.Existing law authorizes, with exceptions, a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of records relating to the persons case. Existing law establishes the procedures that apply to the sealing of those records.This bill would prohibit a superior court or probation department from charging an applicant a fee for filing a petition to seal records under those provisions. The bill would make conforming changes.Existing law makes a person who is 26 years of age or older, unless indigent, liable for the cost to the county and court for an investigation related to the sealing of juvenile court or arrest records pertaining to that person. Existing law sets forth certain exceptions and reimbursement terms.This bill would delete the persons liability for those costs.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate June 03, 2019 Amended IN Assembly April 22, 2019
Amended IN Senate June 03, 2019
Amended IN Assembly April 22, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill No. 1394
Introduced by Assembly Member DalyFebruary 22, 2019
Introduced by Assembly Member Daly
February 22, 2019
An act to amend Section 903.3 of, and to add Section 781.1 to, and to repeal Section 903.3 of, the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1394, as amended, Daly. Juveniles: sealing of records.
Existing law authorizes, with exceptions, a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of records relating to the persons case. Existing law establishes the procedures that apply to the sealing of those records.This bill would prohibit a superior court or probation department from charging an applicant a fee for filing a petition to seal records under those provisions. The bill would make conforming changes.Existing law makes a person who is 26 years of age or older, unless indigent, liable for the cost to the county and court for an investigation related to the sealing of juvenile court or arrest records pertaining to that person. Existing law sets forth certain exceptions and reimbursement terms.This bill would delete the persons liability for those costs.
Existing law authorizes, with exceptions, a person who is the subject of a juvenile court record, or the county probation officer, to petition the court for the sealing of records relating to the persons case. Existing law establishes the procedures that apply to the sealing of those records.
This bill would prohibit a superior court or probation department from charging an applicant a fee for filing a petition to seal records under those provisions. The bill would make conforming changes.
Existing law makes a person who is 26 years of age or older, unless indigent, liable for the cost to the county and court for an investigation related to the sealing of juvenile court or arrest records pertaining to that person. Existing law sets forth certain exceptions and reimbursement terms.
This bill would delete the persons liability for those costs.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 781.1 is added to the Welfare and Institutions Code, to read:781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781.SEC. 2.Section 903.3 of the Welfare and Institutions Code is amended to read:903.3.(a) A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person.(b)If a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.(e)In accordance with Section 781.1, this section does not apply to the cost of filing a petition to seal a juvenile court or arrest record under Section 781.SEC. 2. Section 903.3 of the Welfare and Institutions Code is repealed.903.3.(a) A person who is 26 years of age or older shall, unless indigent, be 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 Section 781 pertaining to that person.(b)In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 781.1 is added to the Welfare and Institutions Code, to read:781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781.
SECTION 1. Section 781.1 is added to the Welfare and Institutions Code, to read:
### SECTION 1.
781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781.
781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781.
781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781.
781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781.
(a) A person who is 26 years of age or older shall, unless indigent, be liable for the cost to the county and court for any investigation related to the sealing of any juvenile court or arrest records pursuant to Section 781 pertaining to that person.
(b)If a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.
(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.
(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.
(e)In accordance with Section 781.1, this section does not apply to the cost of filing a petition to seal a juvenile court or arrest record under Section 781.
SEC. 2. Section 903.3 of the Welfare and Institutions Code is repealed.903.3.(a) A person who is 26 years of age or older shall, unless indigent, be 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 Section 781 pertaining to that person.(b)In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.
SEC. 2. Section 903.3 of the Welfare and Institutions Code is repealed.
### SEC. 2.
903.3.(a) A person who is 26 years of age or older shall, unless indigent, be 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 Section 781 pertaining to that person.(b)In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.
(a) A person who is 26 years of age or older shall, unless indigent, be 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 Section 781 pertaining to that person.
(b)In the event a petition is filed for an order sealing a record, a person who is 26 years of age or older may be required to reimburse the county and court for the actual cost of services rendered, whether or not the petition is granted and the records are sealed or expunged, at a rate to be determined by the county board of supervisors for the county and by the court for the court, not to exceed one hundred fifty dollars ($150). Ability to make this reimbursement shall be determined by the court using the standards set forth in paragraph (2) of subdivision (g) of Section 987.8 of the Penal Code and shall not be a prerequisite to a persons eligibility under this section. The court may order reimbursement in any case in which the petitioner appears to have the ability to pay, without undue hardship, all or any portion of the cost for services.
(c)Notwithstanding subdivision (a), a person shall not be liable for the costs described in this section if a petition to declare the minor a dependent child of the court pursuant to Section 300 is dismissed at or before the jurisdictional hearing.
(d)Any determination of amount made by a court under this section shall be valid only if either (1) made under procedures adopted by the Judicial Council or (2) approved by the Judicial Council.