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(1)Existing law allows trial court records to be created, maintained, and preserved in any form of communication or representation, including paper, optical, electronic, magnetic, micrographic, or photographic media or other technology, if the form of representation or communication satisfies specified rules adopted by the Judicial Council, once those rules have been adopted. Existing law allows the court to continue to create, maintain, and preserve records according to minimum standards or guidelines adopted by the American National Standards Institute or the Association for Information and Image Management until those rules are adopted by the Judicial Council.

This bill would delete a trial courts authority to create, maintain, and preserve records according to standards and guidelines adopted by the American National Standards Institute or the Association for Information and Image Management.

(2)Existing law specifies the time periods after which court documents may be destroyed. Existing law allows restraining orders to be granted in cases of civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence. In these cases, existing law requires the records to be retained for the same period of time as the duration of the restraining order and any renewals thereof. Existing law additionally allows for the filing of gun violence restraining orders.

This bill would add gun violence to the above list of cases for which records are required to be preserved for the same period of time as the duration of the restraining order and any renewals thereof. The bill would also make technical, nonsubstantive changes by updating obsolete cross-references.

(3)Existing law requires that a list of the court records destroyed within the jurisdiction of a superior court be provided to the Judicial Council in accordance with the California Rules of Court.

This bill would delete that requirement.

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The people of the State of California do enact as follows:SECTION 1.Section 68150 of the Government Code is amended to read:68150.

(b)(1)This section does not apply to court reporters transcripts or to specifications for electronic recordings made as the official record of oral proceedings. These records shall be governed by the California Rules of Court.

(2)This section does not apply to original wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code. Original wills and codicils shall be retained as provided in Section 26810.

(c)The Judicial Council shall adopt rules to establish the standards or guidelines for the creation, maintenance, reproduction, or preservation of court records, including records that must be preserved permanently. The standards or guidelines shall reflect industry standards for each medium used, if those standards exist. The standards or guidelines shall ensure that court records are created and maintained in a manner that ensures accuracy and preserves the integrity of the records throughout their maintenance. They shall also ensure that the records are stored and preserved in a manner that will protect them against loss and ensure preservation for the required period of time. Standards and guidelines for the electronic creation, maintenance, and preservation of court records shall ensure that the public can access and reproduce records with at least the same amount of convenience as paper records previously provided.

(d)Additions, deletions, or changes shall not be made to the content of court records, except as authorized by statute or the California Rules of Court.

(e)Court records shall be indexed for convenient access.

(f)A copy of a court record created, maintained, preserved, or reproduced according to subdivisions (a) and (c) shall be deemed an original court record and may be certified as a true and correct copy of the original record. The clerk of the court may certify a copy of the record by electronic or other technological means, if the means adopted by the court reasonably ensures that the certified copy is a true and correct copy of the original record, or of a specified part of the original record.

(g)Any notice, order, judgment, decree, decision, ruling, opinion, memorandum, warrant, certificate of service, writ, subpoena, or other legal process or similar document issued by a trial court or by a judicial officer of a trial court may be signed, subscribed, or verified using a computer or other technology in accordance with procedures, standards, and guidelines established by the Judicial Council pursuant to this section. Notwithstanding any other law, all notices, orders, judgments, decrees, decisions, rulings, opinions, memoranda, warrants, certificates of service, writs, subpoenas, or other legal process or similar documents that are signed, subscribed, or verified by computer or other technological means pursuant to this subdivision shall have the same validity, and the same legal force and effect, as paper documents signed, subscribed, or verified by a trial court or a judicial officer of the court.

(h)A court record created, maintained, preserved, or reproduced in accordance with subdivisions (a) and (c) shall be stored in a manner and in a place that reasonably ensures its preservation against loss, theft, defacement, or destruction for the prescribed retention period under Section 68152.

(i)A court record that was created, maintained, preserved, or reproduced in accordance with subdivisions (a) and (c) may be disposed of in accordance with the procedure under Section 68153, unless it is either of the following:

(1)A comprehensive historical and sample superior court record preserved for research under the California Rules of Court.

(2)A court record that is required to be preserved permanently.

(j)Instructions for access to data stored on a medium other than paper shall be documented.

(k)Each court shall conduct a periodic review of the media in which the court records are stored to ensure that the storage medium is not obsolete and that current technology is capable of accessing and reproducing the records. The court shall reproduce records before the expiration of their estimated lifespan for the medium in which they are stored according to the standards or guidelines established by the Judicial Council.

(l)Unless access is otherwise restricted by law, court records created, maintained, preserved, or reproduced under subdivisions (a) and (c) shall be made reasonably accessible to all members of the public for viewing and duplication as the paper records would have been accessible. Unless access is otherwise restricted by law, court records maintained in electronic form shall be viewable at the court, regardless of whether they are also accessible remotely. Reasonable provision shall be made for duplicating the records at cost. Cost shall consist of all costs associated with duplicating the records as determined by the court.

SEC. 2.Section 68152 of the Government Code is amended to read:68152.

The trial court clerk may destroy court records under Section 68153 after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research under the California Rules of Court, when the following times have expired after the date of final disposition of the case in the categories listed:

(a)Civil actions and proceedings, as follows:

(1)Except as otherwise specified: retain 10 years.

(2)Civil unlimited cases, limited cases, and small claims cases, including after trial de novo, if any, except as otherwise specified: retain for 10 years.

(3)Civil judgments for unlimited civil cases: retain permanently.

(4)Civil judgments for limited and small claims cases: retain for 10 years, unless judgment is renewed. If judgment is renewed, retain judgment for length of renewal pursuant to Article 2 (commencing with Section 683.110) of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil Procedure.

(5)If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the courts jurisdiction.

(6)Civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, gun violence, and workplace violence cases: retain for the same period of time as the duration of the restraining or other orders and any renewals thereof, then retain the restraining or other orders permanently as a judgment; 60 days after expiration of the temporary restraining or other temporary orders; retain judgments establishing paternity under Section 6323 of the Family Code permanently.

(7)Family law, except as otherwise specified: retain for 30 years.

(8)Adoption: retain permanently.

(9)Parentage: retain permanently.

(10)Change of name, gender, or name and gender: retain permanently.

(11)Probate:

(A)Decedent estates: retain permanently all orders, judgments, and decrees of the court, all inventories and appraisals, and all wills and codicils of the decedent filed in the case, including those not admitted to probate. All other records: retain for five years after final disposition of the estate proceeding.

(B)Wills and codicils transferred or delivered to the court pursuant to Section 732, 734, or 8203 of the Probate Code: retain permanently. For wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code, retain the original documents as provided in Section 26810.

(C)Substitutes for decedent estate administration:

(i)Affidavit procedures for real property of small value under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code: retain permanently.

(ii)Proceedings for determining succession to property under Chapter 4 (commencing with Section 13150) of Part 1 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding.

(iii)Proceedings for determination of property passing or belonging to surviving spouse under Chapter 5 (commencing with Section 13650) of Part 2 of Division 8 of the Probate Code: retain permanently all inventories and appraisals and court orders. Other records: retain for five years after final disposition of the proceeding.

(D)Conservatorships: retain permanently all court orders. Documents of trusts established under substituted judgment pursuant to Section 2580 of the Probate Code: retain as provided in clause (iii) of subparagraph (G). Other records: retain for five years after the later of either (i) the final disposition of the conservatorship proceeding, or (ii) the date of the conservatees death, if that date is disclosed in the courts file.

(E)Guardianships: retain permanently orders terminating the guardianship, if any, and court orders settling final account and ordering distribution of the estate. Other records: retain for five years after the later of (i) the final disposition of the guardianship proceeding, or (ii) the earlier of the date of the wards death, if that date is disclosed in the courts file, or the date the ward reaches 23 years of age.

(F)Compromise of minors or disabled persons claim or action, and disposition of judgment for minors and disabled persons under Section 372 of the Code of Civil Procedure and Chapter 4 (commencing with Section 3600) of Part 8 of Division 4 of the Probate Code:

(i)Retain permanently judgments in favor of minors or disabled persons, orders approving compromises of claims and actions and disposition of the proceeds of judgments, orders directing payment of expenses, costs, and fees, orders directing deposits into blocked accounts and receipts and acknowledgments of those orders, and orders for the withdrawal of funds from blocked accounts.

(ii)Retain other records for the same retention period as for records in the underlying case. If there is no underlying case, retain for five years after the later of either (I) the date the order for payment or delivery of the final balance of the money or property is entered, or (II) the earlier of the date of the minors death, if that date is disclosed in the courts file, or the date the minor reaches 23 years of age.

(G)Trusts:

(i)Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently.

(ii)Trusts created by substituted judgment under Section 2580 of the Probate Code: retain permanently all trust instruments and court orders. Other records: retain as long as the underlying conservatorship file is retained.

(iii)Special needs trusts: retain permanently all trust instruments and court orders. Other records: retain until the later of either (I) the retention date of other records in the beneficiarys conservatorship or guardianship file under subparagraph (D) or (E), if any, or (II) five years after the date of the beneficiarys death, if that date is disclosed in the courts file.

(H)All other proceedings under the Probate Code: retain as provided for civil cases.

(12)Mental health:

(A)Lanterman Developmental Disabilities Services Act: retain for 10 years.

(B)Lanterman-Petris-Short Act: retain for 20 years.

(C)Riese (capacity) hearings under Sections 5333 and 5334 of the Welfare and Institutions Code: retain for the later of either (i) 20 years after the date of the capacity determination order, or (ii) the court records retention date of the underlying involuntary treatment or commitment proceeding, if any.

(D)Petitions under Chapter 3 (commencing with Section 8100) of Division 8 of the Welfare and Institutions Code for the return of firearms to petitioners who relinquished them to law enforcement while detained in a mental health facility: retain for 10 years.

(13)Eminent domain: retain permanently.

(14)Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property.

(15)Unlawful detainer: retain for one year if judgment is only for possession of the premises; retain for 10 years if judgment is for money, or money and possession.

(b)Notwithstanding subdivision (a), any civil or small claims case in the trial court:

(1)Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year.

(2)Voluntarily dismissed by a party without entry of judgment: retain for one year.

(c)Criminal actions and proceedings, as follows:

(1)Capital felony in which the defendant is sentenced to death, and any felony resulting in a sentence of life or life without the possibility of parole: retain permanently, including records of the cases of any codefendants and any related cases, regardless of the disposition. For the purpose of this paragraph, capital felony means murder with special circumstances when the prosecution seeks the death penalty. Records of the cases of codefendants and related cases required to be retained under this paragraph shall be limited to those cases that are factually linked or related to the charged offense, that are identified in the courtroom, and that are placed on the record. If a capital felony is disposed of by a sentence less than death, or imprisonment for life or life without the possibility of parole, the judgment shall be retained permanently, and the record shall be retained for 50 years or for 10 years after the official written notification of the death of the defendant. If a capital felony is disposed of by an acquittal, the record shall be retained for 10 years.

(2)Felony, except as otherwise specified, and in any felony or misdemeanor case resulting in a requirement that the defendant register as a sex offender under Section 290 of the Penal Code: retain judgment permanently. For all other documents: retain for 50 years or the maximum term of the sentence, whichever is longer. However, any record other than the judgment may be destroyed 10 years after the death of the defendant. Felony case files that do not include final sentencing or other final disposition because the case was bound over from a former municipal court to the superior court and not already consolidated with the superior court felony case file: retain for 10 years from the disposition of the superior court case.

(3)Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor.

(4)Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years.

(5)Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year.

(6)Dismissal under Section 1203.4 or 1203.4a of the Penal Code: retain for the same retention period as for records of the underlying case. If the records in the underlying case have been destroyed, retain for five years after dismissal.

(7)Misdemeanor, except as otherwise specified: retain for five years. For misdemeanors alleging a violation of Section 23103, 23152, or 23153 of the Vehicle Code: retain for 10 years.

(8)Misdemeanor alleging a marijuana violation under subdivision (b) or (c) of Section 11357 of the Health and Safety Code, or subdivision (b) of Section 11360 of the Health and Safety Code: records shall be destroyed, or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code, two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. As provided in subdivision (a) of Section 11361.5 of the Health and Safety Code and paragraph (5) of subdivision (d) of this section, records of an infraction alleging a marijuana violation under subdivision (d) of Section 11357 of the Health and Safety Code shall be retained until the offender attains 18 years of age, at which time the records shall be destroyed as provided in subdivision (c) of Section 11361.5 of the Health and Safety Code.

(9)Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction.

(10)Infraction, except as otherwise specified: retain for one year. Vehicle Code infraction: retain for three years. Infraction alleging a marijuana violation under subdivision (a) of Section 11357 of the Health and Safety Code: if records are retained past the one-year minimum retention period, the records shall be destroyed or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation.

(11)Criminal protective order: retain until the order expires or is terminated.

(12)Arrest warrant: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of issue.

(13)Search warrant:

(A)If there is no underlying case, retain for five years from the date of issue.

(B)If there is any underlying case, retain for 10 years from the date of issue or, if the retention period for records in the underlying case is less than 10 years or if the underlying case is a capital felony described in paragraph (1) of subdivision (c), retain for the same retention period as for records in the underlying case.

(14)Probable cause declarations: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of declaration.

(15)Proceedings for revocation of postrelease community supervision or postrelease parole supervision: retain for five years after the period of supervision expires or is terminated.

(d)Habeas corpus:

(1)Habeas corpus in criminal and family law matters: retain for the same retention period as for records in the underlying case, whether granted or denied.

(2)Habeas corpus in mental health matters: retain all records for the same retention period as for records in the underlying case, whether granted or denied. If there is no underlying case, retain records for 20 years.

(e)Juveniles:

(1)Dependent pursuant to Section 300 of the Welfare and Institutions Code: upon reaching 28 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed pursuant to subdivision (c) of Section 389 of the Welfare and Institutions Code.

(2)Ward pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or on written request, shall be released to the juvenile five years after jurisdiction over the person has terminated under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order five years after the records have been sealed under subdivision (d) of Section 781 of the Welfare and Institutions Code.

(3)Ward pursuant to Section 602 of the Welfare and Institutions Code: upon reaching 38 years of age under subdivision (a) of Section 826 of the Welfare and Institutions Code. Sealed records shall be destroyed upon court order when the subject of the record reaches 38 years of age under subdivision (d) of Section 781 of the Welfare and Institutions Code.

(4)Traffic and some nontraffic misdemeanors and infractions pursuant to Section 601 of the Welfare and Institutions Code: upon reaching 21 years of age, or five years after jurisdiction over the person has terminated under subdivision (c) of Section 826 of the Welfare and Institutions Code. Records may be microfilmed or photocopied.

(5)Marijuana infraction under subdivision (d) of Section 11357 of the Health and Safety Code in accordance with procedures specified in subdivision (a) of Section 11361.5 of the Health and Safety Code: upon reaching 18 years of age, the records shall be destroyed.

(f)Court records of the appellate division of the superior court: retain for five years.

(g)Other records:

(1)Bench warrant: retain for the same retention period as for records in the underlying case. For a bench warrant issued for a misdemeanor, retain records for the same retention period as for records in the underlying misdemeanor following issuance. If there is no return on the warrant, the court may dismiss on its own motion and immediately destroy the records.

(2)Body attachment: retain for same retention period as for records in the underlying case.

(3)Bond: retain for three years after exoneration and release.

(4)Court reporter notes:

(A)Criminal and juvenile proceedings: retain notes for 10 years, except as otherwise specified. Notes reporting proceedings in capital felony cases (murder with special circumstances when the prosecution seeks the death penalty and the sentence is death), including notes reporting the preliminary hearing, shall be retained permanently, unless the Supreme Court on request of the court clerk authorizes the destruction.

(B)Civil and all other proceedings: retain notes for five years.

(5)Electronic recordings made as the official record of the oral proceedings under the California Rules of Court may be destroyed or deleted as follows:

(A)Any time after final disposition of the case in infraction and misdemeanor proceedings.

(B)After 10 years in all other criminal proceedings.

(C)After five years in all other proceedings.

(6)Electronic recordings not made as the official record of the oral proceedings under the California Rules of Court may be destroyed at any time at the discretion of the court.

(7)Fee waiver applications: retain for the same retention period as for records in the underlying case.

(8)Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently.

(9)Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case.

(10)Juror proceedings, including sanctions: retain for one year.

(11)Minutes: retain for the same retention period as for records in the underlying case.

(12)Orders not associated with an underlying case, such as orders for the destruction of court records for telephone taps, orders to destroy drugs, and other miscellaneous court orders: retain for one year.

(13)Naturalization index: retain permanently.

(14)Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case.

(15)Index, except as otherwise specified: retain permanently.

(16)Register of actions or docket: retain for the same retention period as for records in the underlying case, but in no event less than 10 years for civil and small claims cases.

(h)Retention of the court records under this section shall be extended by order of the court on its own motion, or on application of a party or an interested member of the public for good cause shown and on those terms as are just. A fee shall not be charged for making the application.

(i)The record retention periods provided in this section, as amended effective January 1, 2014, apply to all court records in existence prior to that date as well as to records created on or after that date.

SEC. 3.Section 68153 of the Government Code is amended to read:68153.

(a)Upon order of the presiding judge of the court, court records open to public inspection and not ordered transferred under the procedures in the California Rules of Court, confidential records, and sealed records that are ready for destruction under Section 68152 may be destroyed. Destruction shall be by shredding, burial, burning, erasure, obliteration, recycling, or other method approved by the court, except confidential and sealed records, which shall not be buried or recycled unless the text of the records is first obliterated.

(b)Notation of the date of destruction shall be made on the index of cases or on a separate destruction index.

The people of the State of California do enact as follows:SECTION 1.Section 68150 of the Government Code is amended to read:68150.

(d)Additions, deletions, or changes shall not be made to the content of court records, except as authorized by statute or the California Rules of Court.

(e)Court records shall be indexed for convenient access.

(1)A comprehensive historical and sample superior court record preserved for research under the California Rules of Court.

(2)A court record that is required to be preserved permanently.

(j)Instructions for access to data stored on a medium other than paper shall be documented.

SEC. 2.Section 68152 of the Government Code is amended to read:68152.

(a)Civil actions and proceedings, as follows:

(1)Except as otherwise specified: retain 10 years.

(2)Civil unlimited cases, limited cases, and small claims cases, including after trial de novo, if any, except as otherwise specified: retain for 10 years.

(3)Civil judgments for unlimited civil cases: retain permanently.

(5)If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the courts jurisdiction.

(7)Family law, except as otherwise specified: retain for 30 years.

(8)Adoption: retain permanently.

(9)Parentage: retain permanently.

(10)Change of name, gender, or name and gender: retain permanently.

(11)Probate:

(C)Substitutes for decedent estate administration:

(i)Affidavit procedures for real property of small value under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code: retain permanently.

(G)Trusts:

(i)Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently.

(H)All other proceedings under the Probate Code: retain as provided for civil cases.

(12)Mental health:

(A)Lanterman Developmental Disabilities Services Act: retain for 10 years.

(B)Lanterman-Petris-Short Act: retain for 20 years.

(13)Eminent domain: retain permanently.

(14)Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property.

(15)Unlawful detainer: retain for one year if judgment is only for possession of the premises; retain for 10 years if judgment is for money, or money and possession.

(b)Notwithstanding subdivision (a), any civil or small claims case in the trial court:

(1)Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year.

(2)Voluntarily dismissed by a party without entry of judgment: retain for one year.

(c)Criminal actions and proceedings, as follows:

(3)Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor.

(4)Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years.

(5)Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year.

(7)Misdemeanor, except as otherwise specified: retain for five years. For misdemeanors alleging a violation of Section 23103, 23152, or 23153 of the Vehicle Code: retain for 10 years.

(9)Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction.

(11)Criminal protective order: retain until the order expires or is terminated.

(12)Arrest warrant: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of issue.

(13)Search warrant:

(A)If there is no underlying case, retain for five years from the date of issue.

(14)Probable cause declarations: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of declaration.

(15)Proceedings for revocation of postrelease community supervision or postrelease parole supervision: retain for five years after the period of supervision expires or is terminated.

(d)Habeas corpus:

(1)Habeas corpus in criminal and family law matters: retain for the same retention period as for records in the underlying case, whether granted or denied.

(e)Juveniles:

(f)Court records of the appellate division of the superior court: retain for five years.

(g)Other records:

(2)Body attachment: retain for same retention period as for records in the underlying case.

(3)Bond: retain for three years after exoneration and release.

(4)Court reporter notes:

(B)Civil and all other proceedings: retain notes for five years.

(5)Electronic recordings made as the official record of the oral proceedings under the California Rules of Court may be destroyed or deleted as follows:

(A)Any time after final disposition of the case in infraction and misdemeanor proceedings.

(B)After 10 years in all other criminal proceedings.

(C)After five years in all other proceedings.

(6)Electronic recordings not made as the official record of the oral proceedings under the California Rules of Court may be destroyed at any time at the discretion of the court.

(7)Fee waiver applications: retain for the same retention period as for records in the underlying case.

(8)Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently.

(9)Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case.

(10)Juror proceedings, including sanctions: retain for one year.

(11)Minutes: retain for the same retention period as for records in the underlying case.

(13)Naturalization index: retain permanently.

(14)Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case.

(15)Index, except as otherwise specified: retain permanently.

(16)Register of actions or docket: retain for the same retention period as for records in the underlying case, but in no event less than 10 years for civil and small claims cases.

SEC. 3.Section 68153 of the Government Code is amended to read:68153.

(b)Notation of the date of destruction shall be made on the index of cases or on a separate destruction index.

The people of the State of California do enact as follows:SECTION 1.Section 68150 of the Government Code is amended to read:68150.

(a)Trial court records may be created, maintained, and preserved in any form or forms of communication or representation, including paper, optical, electronic, magnetic, micrographic, or photographic media or other technology, if the form or forms of representation or communication satisfy technology pursuant to the rules adopted by the Judicial Council pursuant to subdivision (c), once those rules have been adopted. Until those rules are adopted, the court may continue to create, maintain, and preserve records according to the minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management. (c).

(b)(1)This section shall does not apply to court reporters transcripts or to specifications for electronic recordings made as the official record of oral proceedings. These records shall be governed by the California Rules of Court.

(2)This section shall does not apply to original wills and codicils delivered to the clerk of the court under Section 8200 of the Probate Code. Original wills and codicils shall be retained as provided in Section 26810.

(d)No additions, Additions, deletions, or changes shall not be made to the content of court records, except as authorized by statute or the California Rules of Court.

(e)Court records shall be indexed for convenient access.

(g)Any notice, order, judgment, decree, decision, ruling, opinion, memorandum, warrant, certificate of service, writ, subpoena, or other legal process or similar document issued by a trial court or by a judicial officer of a trial court may be signed, subscribed, or verified using a computer or other technology in accordance with procedures, standards, and guidelines established by the Judicial Council pursuant to this section. Notwithstanding any other provision of law, all notices, orders, judgments, decrees, decisions, rulings, opinions, memoranda, warrants, certificates of service, writs, subpoenas, or other legal process or similar documents that are signed, subscribed, or verified by computer or other technological means pursuant to this subdivision shall have the same validity, and the same legal force and effect, as paper documents signed, subscribed, or verified by a trial court or a judicial officer of the court.

(1) A comprehensive historical and sample superior court record preserved for research under the California Rules of Court.

(2) A court record that is required to be preserved permanently.

(j)Instructions for access to data stored on a medium other than paper shall be documented.

SEC. 2.Section 68152 of the Government Code is amended to read:68152.

(a)Civil actions and proceedings, as follows:

(1)Except as otherwise specified: retain 10 years.

(2)Civil unlimited cases, limited cases, and small claims cases, including after trial de novo, if any, except as otherwise specified: retain for 10 years.

(3)Civil judgments for unlimited civil cases: retain permanently.

(5)If a party in a civil case appears by a guardian ad litem: retain for 10 years after termination of the courts jurisdiction.

(7)Family law, except as otherwise specified: retain for 30 years.

(8)Adoption: retain permanently.

(9)Parentage: retain permanently.

(10)Change of name, gender, or name and gender: retain permanently.

(11)Probate:

(C)Substitutes for decedent estate administration:

(i)Affidavit procedures for real property of small value under Chapter 3 (commencing with Section 13100) of Part 1 of Division 8 of the Probate Code: retain permanently.

(G)Trusts:

(i)Proceedings under Part 5 (commencing with Section 17000) of Division 9 of the Probate Code: retain permanently.

(H)All other proceedings under the Probate Code: retain as provided for civil cases.

(12)Mental health:

(A)Lanterman Developmental Disabilities Services Act: retain for 10 years.

(B)Lanterman-Petris-Short Act: retain for 20 years.

(13)Eminent domain: retain permanently.

(14)Real property other than unlawful detainer: retain permanently if the action affects title or an interest in real property.

(15)Unlawful detainer: retain for one year if judgment is only for possession of the premises; retain for 10 years if judgment is for money, or money and possession.

(b)Notwithstanding subdivision (a), any civil or small claims case in the trial court:

(1)Involuntarily dismissed by the court for delay in prosecution or failure to comply with state or local rules: retain for one year.

(2)Voluntarily dismissed by a party without entry of judgment: retain for one year.

(c)Criminal actions and proceedings, as follows:

(3)Felony reduced to a misdemeanor: retain in accordance with the retention period for the relevant misdemeanor.

(4)Felony, if the charge is dismissed, except as provided in paragraph (6): retain for three years.

(5)Misdemeanor, if the charge is dismissed, except as provided in paragraph (6): retain for one year.

(7)Misdemeanor, except as otherwise specified: retain for five years. For misdemeanors alleging a violation of Section 23103, 23152, or 23153 of the Vehicle Code: retain for 10 years.

(8)Misdemeanor alleging a marijuana violation under subdivision (c), (d), or (e) (b) or (c) of Section 11357 of the Health and Safety Code, or subdivision (b) of Section 11360 of the Health and Safety Code: records shall be destroyed, or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code, two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation. However, as As provided in subdivision (a) of Section 11361.5 of the Health and Safety Code and paragraph (5) of subdivision (e) (d) of this section, records of a misdemeanor an infraction alleging a marijuana violation under subdivision (e) (d) of Section 11357 of the Health and Safety Code shall be retained until the offender attains 18 years of age, at which time the records shall be destroyed as provided in subdivision (c) of Section 11361.5 of the Health and Safety Code.

(9)Misdemeanor reduced to an infraction: retain in accordance with the retention period for the relevant infraction.

(10)Infraction, except as otherwise specified: retain for one year. Vehicle Code infraction: retain for three years. Infraction alleging a marijuana violation under subdivision (b) (a) of Section 11357 of the Health and Safety Code: if records are retained past the one-year minimum retention period, the records shall be destroyed or redacted in accordance with subdivision (c) of Section 11361.5 of the Health and Safety Code two years from the date of conviction, or from the date of arrest if no conviction, if the case is no longer subject to review on appeal, all applicable fines and fees have been paid, and the defendant has complied with all terms and conditions of the sentence or grant of probation.

(11)Criminal protective order: retain until the order expires or is terminated.

(12)Arrest warrant: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of issue.

(13)Search warrant:

(A)If there is no underlying case, retain for five years from the date of issue.

(14)Probable cause declarations: retain for the same retention period as for records in the underlying case. If there is no underlying case, retain for one year from the date of declaration.

(15)Proceedings for revocation of postrelease community supervision or postrelease parole supervision: retain for five years after the period of supervision expires or is terminated.

(d)Habeas corpus:

(1)Habeas corpus in criminal and family law matters: retain for the same retention period as for records in the underlying case, whether granted or denied.

(e)Juveniles:

(5)Marijuana misdemeanor infraction under subdivision (e) (d) of Section 11357 of the Health and Safety Code in accordance with procedures specified in subdivision (a) of Section 11361.5 of the Health and Safety Code: upon reaching 18 years of age, the records shall be destroyed.

(f)Court records of the appellate division of the superior court: retain for five years.

(g)Other records:

(2)Body attachment: retain for same retention period as for records in the underlying case.

(3)Bond: retain for three years after exoneration and release.

(4)Court reporter notes:

(B)Civil and all other proceedings: retain notes for five years.

(5)Electronic recordings made as the official record of the oral proceedings under the California Rules of Court may be destroyed or deleted as follows:

(A)Any time after final disposition of the case in infraction and misdemeanor proceedings.

(B)After 10 years in all other criminal proceedings.

(C)After five years in all other proceedings.

(6)Electronic recordings not made as the official record of the oral proceedings under the California Rules of Court may be destroyed at any time at the discretion of the court.

(7)Fee waiver applications: retain for the same retention period as for records in the underlying case.

(8)Judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case: retain permanently.

(9)Judgments in misdemeanor cases, infraction cases, and limited civil cases: retain for the same retention period as for records in the underlying case.

(10)Juror proceedings, including sanctions: retain for one year.

(11)Minutes: retain for the same retention period as for records in the underlying case.

(13)Naturalization index: retain permanently.

(14)Index for cases alleging traffic violations: retain for the same retention period as for records in the underlying case.

(15)Index, except as otherwise specified: retain permanently.

(16)Register of actions or docket: retain for the same retention period as for records in the underlying case, but in no event less than 10 years for civil and small claims cases.

SEC. 3.Section 68153 of the Government Code is amended to read:68153.

Notation

(b)Notation of the date of destruction shall be made on the index of cases or on a separate destruction index. A list of the court records destroyed within the jurisdiction of the superior court shall be provided to the Judicial Council in accordance with the California Rules of Court.

Date	Status
Aug 7, 2017	Chaptered by Secretary of State - Chapter 172, Statutes of 2017.
Aug 7, 2017	Approved by the Governor.
Jul 31, 2017	Enrolled and presented to the Governor at 3:30 p.m.
Jul 20, 2017	In Assembly. Ordered to Engrossing and Enrolling.
Jul 20, 2017	Read third time. Passed. Ordered to the Assembly.
Jul 18, 2017	Read second time. Ordered to Consent Calendar.
Jul 17, 2017	From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
Jun 28, 2017	From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (June 27). Re-referred to Com. on APPR.
Jun 1, 2017	Referred to Com. on JUD.
May 18, 2017	In Senate. Read first time. To Com. on RLS. for assignment.
May 18, 2017	Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1619.)
May 11, 2017	Read second time. Ordered to Consent Calendar.
May 10, 2017	From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.) (May 10).
Apr 25, 2017	From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 25). Re-referred to Com. on APPR.
Apr 4, 2017	From committee: Do pass and re-refer to Com. on PUB. S. (Ayes 11. Noes 0.) (April 4). Re-referred to Com. on PUB. S.
Mar 13, 2017	Referred to Coms. on JUD. and PUB. S.
Feb 19, 2017	From printer. May be heard in committee March 21.
Feb 17, 2017	Read first time. To print.

Date	Description	Location	Votes
Jul 20, 2017	Consent Calendar 2nd AB1443	Senate Floor	38 0 2 Passed
Jun 27, 2017	Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar	Senate Standing Committee on Judiciary	6 0 1 Passed
May 18, 2017	AB 1443 LEVINE Consent Calendar Second Day Regular Session	Assembly Floor	69 0 11 Passed
May 10, 2017	Do pass. To Consent Calendar.	Assembly Standing Committee on Appropriations	17 0 0 Passed
Apr 25, 2017	Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar	Assembly Standing Committee on Public Safety	7 0 0 Passed
Apr 4, 2017	Do pass and be re-referred to the Committee on [Public Safety]	Assembly Standing Committee on Judiciary	11 0 0 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
Judicial Council	** Support	Jul 19, 2017
Los Angeles District Attorney's Office	** Support	Jul 19, 2017

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

CONSENT

Bill No: AB 1443

Author:

Vote:

SENATE JUDICIARY COMMITTEE: 6-0, 6/27/17

AYES: Jackson, Moorlach, Anderson, Hertzberg, Stern, Wieckowski

NO VOTE RECORDED: Monning

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 69-0, 5/18/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Judicial Council

DIGEST:

This bill updates existing laws governing the retention and destruction of court records. This bill provides guidelines for the retention of gun violence restraining orders and eliminates the requirement that courts provide a listing of all destroyed records to Judicial Council.

ANALYSIS:

Existing law:

Provides that trial court records may be created, maintained, and preserved in any form or forms of communication or representation, including paper, optical, electronic, magnetic, micrographic, or photographic media or other technology, if the form or forms of representation or communication satisfy the rules adopted by the Judicial Council, as specified, once those rules have been adopted. Until those rules are adopted, the court may continue to create, maintain, and preserve records according to the minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management. (Gov. Code Sec. 68150(a).)
Permits the trial court clerk to destroy court records after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research, when certain, enumerated times have expired after the date of final disposition of the case. Various categories of cases have particular timing standards applied to them. (Gov. Code Sec. 68152.)
Provides that for civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases, the court must retain records for the same period of time as the duration of the restraining or other orders and any renewals thereof. Thereafter, the court must retain the restraining or other orders permanently, as a judgment. (Gov. Code Sec. 68152 (a)(6).)
Provides specific guidelines for the retention of court records in connection with criminal actions and proceedings involving misdemeanors alleging marijuana violations and juvenile proceedings involving a marijuana misdemeanor. (Gov. Code Sec. 68152(c), (e).)
Provides the authorized processes for destruction of court records. It specifically requires notation of the date of destruction be made on the index of cases or on a separate destruction index. A list of the court records destroyed within the jurisdiction of the superior court is also required to be provided to the Judicial Council in accordance with the California Rules of Court. (Gov. Code Sec. 68153.)

This bill:

Removes the obsolete provisions in existing law that provide interim standards for the creation, maintenance, and preservation of court records.
Removes the requirement that courts must provide a list of the court records destroyed within the jurisdiction of the superior court to the Judicial Council in accordance with the California Rules of Court.
Updates the court records retention laws to conform with recent changes to criminal laws governing marijuana. It also makes other technical amendments.
Provides that court records in civil actions and proceedings involving gun violence be retained for the same period of time as the duration of the restraining or other orders and any renewals thereof. Thereafter, the courts are required to retain the restraining or other orders permanently as a judgment.

Background

In 1994, AB 1374 (Frazee, Chapter 1030, Statutes of 1994) authorized trial courts to preserve court records electronically, but did not authorize those courts to create or maintain electronic court records. That issue was addressed in 2010 when AB 1926 (Evans, Chapter 167, Statutes of 2010) authorized trial courts to create, maintain, and preserve court records in electronic form, as specified, and also provided that documents electronically signed, subscribed, or verified would have the same validity and legal force and effect as paper documents. Both of those bills sought to conserve court resources by facilitating the move to electronic records.

Similarly, AB 1352 (Levine, Chapter 274, Statutes of 2013) sought to further reduce storage costs by permitting courts to destroy certain records earlier, both with respect to future paper records and those that were already in existence. AB 1352 also reorganized and streamlined record retention periods, deleted certain retention periods, and provided new, specific, retention periods for court records not previously addressed under existing law.

Continuing this practice, this bill makes appropriate updates to the record retention statutes and a number of technical amendments.

Comments

The author writes: “AB 1443 helps reduce the cost burden on the courts on maintaining records by bringing gun violence restraining orders in line with the same record retention process for other court records.”

Rules governing record creation, maintenance, and preservation

Existing law provides that trial court records may be created, maintained, and preserved in any form or forms of communication or representation that satisfy the rules adopted by the Judicial Council. (Gov. Code Sec. 68150(a).) The statute provides interim requirements: “Until those rules are adopted, the court may continue to create, maintain, and preserve records according to the minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management.” Since this statute’s enactment, Judicial Council has adopted a number of relevant Rules of Court. Specifically, Rule 10.854 provides:

Judicial Council staff, in collaboration with trial court presiding judges and court executives, must prepare, maintain, and distribute a manual providing standards and guidelines for the creation, maintenance, and retention of trial court records (the Trial Court Records Manual), consistent with the Government Code and the rules of court and policies adopted by the Judicial Council.

A Trial Court Records Manual has been created and updated periodically since the adoption of that rule. (See Judicial Council, Trial Court Records Manual -- http://www.courts.ca.gov/documents/trial-court-records-manual.pdf -- revised January 1, 2017 [as of June 12, 2017].)

This bill updates Section 68150(a) of the Government Code to account for the passage of these rules.

Preservation of gun violence restraining orders and associated records

Existing law provides the proper process and timelines for the preservation and destruction of court records. For civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases, the law requires the court to retain court records for the same period of time as the duration of the relevant restraining or other orders and any renewals thereof. Then, the court must retain the restraining or other orders permanently, as a judgment. (Gov. Code Sec. 68152(a)(6).)

In 2014, AB 1014 (Skinner, Chapter 872, Statutes of 2014) authorized a law enforcement officer or immediate family member of a person, to seek, and a court to issue, a gun violence restraining order (GVRO), as specified, prohibiting a person from having in the person’s custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition, as specified. This bill includes GVROs in the existing section of the record retention statutes that currently governs other restraining orders. This is a reasonable and logical place to include these newly created restraining orders to ensure they are retained permanently, similar to other restraining orders.

Elimination of the reporting requirement

Section 68153 of the Government Code governs the process for destroying court records. Currently, the statute requires the date the records were destroyed to be noted on the index of cases or on a separate destruction index. Additionally, courts are required to provide a list of all court records destroyed to Judicial Council.

Judicial Council has stated its conclusion that compliance with this requirement is “unnecessarily time-consuming and burdensome for courts as the council has never received a request for that information.” Therefore, this bill eliminates this requirement for courts. However, Section 68153 continues to require courts to note the date of destruction of all documents on the index of cases or on a separately kept destruction index. As noted by Judicial Council, this requirement ensures that courts continue to track which records are being destroyed without the onerous obligation to also report each record’s destruction to Judicial Council.

Other technical amendments and updates

This bill also makes a series of mainly stylistic changes to the record retention statutes. It also updates the references in Section 68152 of the Government Code to marijuana offenses given recent changes to the relevant criminal laws, including the passage of Proposition 64, the Adult Use of Marijuana Act, in 2016.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/18/17)

Judicial Council (source)

Los Angeles District Attorney’s Office

OPPOSITION: (Verified 7/18/17)

None received

ARGUMENTS IN SUPPORT: The Los Angeles District Attorney’s Office writes that “AB 1443 deletes outdated and unnecessary court records reporting requirements, conforms restraining orders records by adding gun violence restraining orders to the list of existing restraining orders, and removes obsolete provisions from the code.”

ASSEMBLY FLOOR: 69-0, 5/18/17

AYES: Acosta, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Cervantes, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Gallagher, Cristina Garcia, Eduardo Garcia, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood

NO VOTE RECORDED: Aguiar-Curry, Calderon, Chau, Frazier, Friedman, Gipson, Gloria, Holden, Mullin, Santiago, Rendon

Prepared by:

7/19/17 16:26:49

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2017-2018 Regular Session

Bill No: AB 1443 (Author:Levine)

Version: February 17, 2017

Hearing Date: June 27, 2017

Fiscal: Yes

Urgency: No

Consultant: CK

SUBJECT

Court records

DESCRIPTION

This bill would update existing laws governing the retention and destruction of court records. This bill would provide guidelines for the retention of gun violence restraining orders and would eliminate the requirement that courts provide a listing of all destroyed records to Judicial Council.

BACKGROUND

In 1994, AB 1374 (Frazee, Ch. 1030, Stats. 1994) authorized trial courts to preserve court records electronically, but did not authorize those courts to create or maintain electronic court records. That issue was addressed in 2010 when AB 1926 (Evans, Ch. 167, Stats. 2010) authorized trial courts to create, maintain, and preserve court records in electronic form, as specified, and also provided that documents electronically signed, subscribed, or verified would have the same validity and legal force and effect as paper documents. Both of those bills sought to conserve court resources by facilitating the move to electronic records.

Similarly, AB 1352 (Levine, Ch. 274, Stats. 2013) sought to further reduce storage costs by permitting courts to destroy certain records earlier, both with respect to future paper records and those that were already in existence. AB 1352 also reorganized and streamlined record retention periods, deleted certain retention periods, and provided new, specific, retention periods for court records not previously addressed under existing law.

Continuing this practice, this bill would make appropriate updates to the record retention statutes and a number of technical amendments.

CHANGES TO EXISTING LAW

Existing law provides that trial court records may be created, maintained, and preserved in any form or forms of communication or representation, including paper, optical, electronic, magnetic, micrographic, or photographic media or other technology, if the form or forms of representation or communication satisfy the rules adopted by the Judicial Council, as specified, once those rules have been adopted. Until those rules are adopted, the court may continue to create, maintain, and preserve records according to the minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management. (Gov. Code Sec. 68150(a).)

Existing law permits the trial court clerk to destroy court records after notice of destruction, and if there is no request and order for transfer of the records, except the comprehensive historical and sample superior court records preserved for research, when certain, enumerated times have expired after the date of final disposition of the case. Various categories of cases have particular timing standards applied to them. (Gov. Code Sec. 68152.)

Existing law provides that for civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases, the court must retain records for the same period of time as the duration of the restraining or other orders and any renewals thereof. Thereafter, the court must retain the restraining or other orders permanently, as a judgment. (Gov. Code Sec. 68152 (a)(6).)

Existing law provides specific guidelines for the retention of court records in connection with criminal actions and proceedings involving misdemeanors alleging marijuana violations and juvenile proceedings involving a marijuana misdemeanor. (Gov. Code Sec. 68152(c), (e).)

Existing law provides the authorized processes for destruction of court records. It specifically requires notation of the date of destruction be made on the index of cases or on a separate destruction index. A list of the court records destroyed within the jurisdiction of the superior court is also required to be provided to the Judicial Council in accordance with the California Rules of Court. (Gov. Code Sec. 68153.)

This bill would remove the obsolete provisions in existing law that provide interim standards for the creation, maintenance, and preservation of court records.

This bill would remove the requirement that courts must provide a list of the court records destroyed within the jurisdiction of the superior court to the Judicial Council in accordance with the California Rules of Court.

This bill would update the court records retention laws to conform with recent changes to criminal laws governing marijuana. It would also make other technical amendments.

This bill would provide that court records in civil actions and proceedings involving gun violence be retained for the same period of time as the duration of the restraining or other orders and any renewals thereof. Thereafter, the courts would be required to retain the restraining or other orders permanently as a judgment.

COMMENT

1. Stated need for this bill

According to the author, “AB 1443 helps reduce the cost burden on the courts on maintaining records by bringing gun violence restraining orders in line with the same record retention process for other court records.”

2. Rules governing record creation, maintenance, and preservation

A Trial Court Records Manual has been created and updated periodically since the adoption of that rule. (See Judicial Council, Trial Court Records Manual < http://www .courts.ca.gov/documents/trial-court-records-manual.pdf> revised January 1, 2017 [as of June 12, 2017].)

This bill would update Section 68150(a) of the Government Code to account for the passage of these rules.

3. Preservation of gun violence restraining orders and associated records

In 2014, AB 1014 (Skinner, Ch. 872, Stats. 2014) authorized a law enforcement officer or immediate family member of a person, to seek, and a court to issue, a gun violence restraining order (GVRO), as specified, prohibiting a person from having in the person’s custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition, as specified. This bill would include GVROs in the existing section of the record retention statutes that currently governs other restraining orders. This is a reasonable and logical place to include these newly created restraining orders to ensure they are retained permanently, similar to other restraining orders.

4. Elimination of the reporting requirement

Judicial Council has stated its conclusion that compliance with this requirement is “unnecessarily time-consuming and burdensome for courts as the council has never received a request for that information.” Therefore, this bill would eliminate this requirement for courts. However, Section 68153 would continue to require courts to note the date of destruction of all documents on the index of cases or on a separately kept destruction index. As noted by Judicial Council, this requirement would ensure that courts continue to track which records are being destroyed without the onerous obligation to also report each record’s destruction to Judicial Council.

5. Other technical amendments and updates

This bill would also make a series of mainly stylistic changes to the record retention statutes. It would also update the references in Section 68152 of the Government Code to marijuana offenses given recent changes to the relevant criminal laws, including the passage of Proposition 64, the Adult Use of Marijuana Act, in 2016.

Support: None Known

Opposition: None Known

HISTORY

Source: Judicial Council

Related Pending Legislation: None Known

Prior Legislation:

AB 1014 (Skinner, Ch. 872, Stats. 2014) See Comment 3.

AB 1352 (Levine, Ch. 274, Stats. 2013) See Background.

AB 1926 (Evans, Chap. 167, Stats. 2010) See Background.

AB 1374 (Frazee, Ch. 1030, Stats. 1994) See Background.

Prior Vote:

Assembly Floor (Ayes 69, Noes 0)

Assembly Appropriations Committee (Ayes 17, Noes 0)

Assembly Public Safety Committee (Ayes 7, Noes 0)

Assembly Judiciary Committee (Ayes 11, Noes 0)

**************

Date of Hearing: May 10, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1443

Author:(Levine) – As Introduced Ver:February 17, 2017

Policy Committee:	Judiciary	Vote:	11 - 0
	Public Safety		7 - 0

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill changes the length of time restraining order records must be retained for gun violence restraining orders, by making it consistent with other restraining orders. Specifically, this bill provides that a record involving a gun violence restraining order case be retained for the duration of the restraining order and during any renewals. Thereafter, the records are to be retained permanently, like judgments.

FISCAL EFFECT:

Negligible cost to the courts.

COMMENTS:

Background. In 1994, the Legislature enacted AB 1374 (Frazee), Chapter 1030, Statutes of 1994) which established new procedures for the retention, management, and destruction of records. According to the Judicial Council (then the Administrative Office of the Courts), the bill was intended to create uniform statewide record management policies and practices to meet the needs of efficient court administration, for the protection and preservation of records, for public access, and for historical and other research. Before AB 1374, retention periods were poorly organized, not located in the same place in the code, and had inconsistent timeframes. Since then, there have been a number of bills that update the courts’ record retention rules in order to reduce excessive record storage costs and to ensure there is consistency among record retention periods. For example, the Legislature enacted AB 1926 (Evans), Chapter 167, Statutes of 2010) which allows the courts to preserve court records electronically, and AB 1352 (Levine), Chapter 274, Statutes of 2013 which streamlined record retention periods.
Purpose. This bill, similar to the prior bills described above, deletes outdated and unnecessary reporting requirements, provides for consistency for restraining order records by adding gun violence restraining orders to the list of existing restraining orders, and removes obsolete provisions from the code. According to the author, “AB 1443 helps reduce the cost burden on the courts on maintaining records by bringing gun violence restraining orders in line with the same record retention process for other court records.”

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing:

Chief Counsel: Gregory Pagan

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

ABPCA Bill Id:AB 1443

Author:(Levine) – As Introduced Ver:February 17, 2017

SUMMARY:

Deletes outdated and unnecessary court records reporting requirements, conforms restraining order records by adding gun violence restraining orders to the list of existing restraining orders, and removes obsolete provisions from the code. Specifically, this bill:
Provides that a record involving a gun violence restraining order case be retained for the duration of the restraining order and during any renewals. Thereafter, the records are to be retained permanently, like judgments.
Deletes an outdated and obsolete provision of law that allows the Judicial Council to continue to create, maintain, and preserve records according to the minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management if it has not adopted an appropriate rule of court.
Deletes a provision that requires each superior court to provide to the Judicial Council a list of court records destroyed within the jurisdiction of the superior court.
Makes technical and other conforming changes.

EXISTING LAW:

Provides that trial courts may create, maintain, and preserve court records, other than court reporter’s transcripts, in any form of communication, including paper, optical, electronic, magnetic, micrographic media, or other technology, if the form satisfies rules adopted by the Judicial Council, as specified. (Gov. Code, § 68150, subd. (a).)
Provides that the trial court clerk may destroy court records as provided when the following times have expired after the date of final disposition of the case in the following categories:
1. For civil actions and proceedings not specified, the court retains for 10 years. (Gov. Code, § 68152, subd. (a)(1).)
2. For civil judgments for limited and small claims cases, the court retains for 10 years, unless judgment is renewed as specified. (Gov. Code, § 68152, subd. (a)(4).)
3. For civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases, the court retains for the same period of time as the duration of the restraining or other orders and any renewals thereof, then retain the restraining or other orders, the court retains the records permanently, as a judgment. (Gov. Code, § 68152, subd. (a)(6).)
4. For judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case, the court retains permanently. (Gov. Code, § 68152, subd. (g)(8).)
5. For judgments in misdemeanor cases, infraction cases, and limited civil cases, the court retains for the same retention period as for records in the underlying case. (Gov. Code, § 68152, subd. (g)(9).)

FISCAL EFFECT:

Unknown

COMMENTS:

Author's Statement: According to the author, "AB 1443 helps reduce the cost burden on the courts on maintaining records by bringing gun violence restraining orders in line with the same record retention process for other court records.
Background: In 1994, the Legislature enacted AB 1374 (Frazee), Chapter 1030, Statutes of 1994) which established new procedures for the retention, management, and destruction of records. According to the Judicial Council (then the Administrative Office of the Courts), the bill was intended to create uniform statewide record management policies and practices to meet the needs of efficient court administration, for the protection and preservation of records, for public access, and for historical and other research. Before AB 1374, retention periods were poorly organized, not located in the same place in the code, and had inconsistent timeframes. Since then, there have been a number of bills that update the courts’ record retention rules in order to reduce excessive record storage costs and to ensure there is consistency among record retention periods. For example, the Legislature enacted AB 1926 (Evans), Chapter 167, Statutes of 2010) which allowed the courts to preserve court records electronically, and AB 1352 (Levine), Chapter 274, Statutes of 2013 which streamlined record retention periods. This bill, similar to those prior bills, would delete outdated and unnecessary reporting requirements, provide for consistency for restraining order records by adding gun violence restraining orders to the list of existing restraining orders, and remove obsolete provisions from the code.
Eliminates the requirement that superior courts report to the Judicial Council a list of court records destroyed by that court: Existing law requires trial courts to report to the Judicial Council a list of court records that are destroyed within the jurisdiction of the superior court. According to the Judicial Council, this reporting requirement is unnecessary and time-consuming because no one uses this information (or even requests it). Indeed, Judicial Council has stated it is unaware of any reason for tracking these records on a statewide level because the existing rules are intended to help local courts, rather than Judicial Council. Given that Judicial Council does not see any benefit to this report, and that local courts continue to track this information internally for their own purposes, the elimination of this reporting requirement appears prudent.
Deletes an obsolete rule requiring the Judicial Council to maintain certain minimum standards if it has not adopted an appropriate rule of court: Under existing law, if the Judicial Council has not adopted appropriate rules of court for preserving records, it is allowed to continue to create, maintain, and preserve records according to standards by the American National Standards Institute or the Association for Information and Image Management. Since the enactment of this requirement, the Judicial Council has adopted several rules on record retention. (Cal. Rules of Court, rules 10.850, 10.851, 10.854, 10.854, 10.855, 10.856.) Accordingly, given that the Judicial Council has adopted several rules of court regarding record retention, and thus made these provisions of law obsolete, it makes sense for these provisions to be removed from the code.
Adds gun violence restraining order cases to the record retention period list, similar to other restraining order case types: In 2014, the Legislature enacted AB 1014 (Skinner), Chapter 872, Statutes of 2014, which authorized courts to issue gun violence restraining orders to remove firearms from individuals who are at-risk of committing acts of violence against themselves or others. While it was modeled after other restraining order laws, AB 1014 did not specify the period during which records were required to be retained. Under existing law, court records of other similar restraining orders (e.g., civil harassment, domestic violence, elder and dependent adult abuse) are retained for the duration of the restraining order and for any renewals, and then permanently thereafter, like judgments. Consistent with existing law, this bill sensibly adds these retraining orders to the list of other restraining orders that are required to be retained by courts. Moreover, the law apparently is being used on a limited basis, as intended. According to the Department of Justice, there have been at least 33 temporary or emergency gun violence restraining orders issued since last June. Without this bill, these records would likely be retained for no more than 10 years.
Technical and clarifying updates to the code to reflect changes under current law on marijuana possession: In 2016, voters passed Proposition 64, which, among other things, legalizes marijuana use under state law for adults 21 years or older, as provided. However, existing law continues to characterize certain marijuana possession offenses as misdemeanors in the record retention statute. To maintain consistency throughout the code, this bill removes references that are to those marijuana possession offenses which are outdated by Proposition 64.

REGISTERED SUPPORT / OPPOSITION:

Support

Judicial Council of California (Sponsor)

Opposition

None

Analysis Prepared by:

Gregory Pagan / PUB. S. /

Date of Hearing: April 4, 2017

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 1443

Author:(Levine) – As Introduced Ver:February 17, 2017

SUBJECT: COURT RECORDS

KEY ISSUE: IN ORDER TO MAINTAIN CONSISTENCY THROUGHOUT THE STATE’S COURT RECORD RETENTION LAWS, SHOULD SEVERAL OBSOLETE PROVISIONS OF LAW BE REMOVED AND SHOULD records of GUN VIOLENCE RESTRAINING ORDERs BE RETAINED in a manner SIMILAR TO OTHER RESTRAINING ORDERs?

SYNOPSIS

Trial courts retain court records for different time periods based on the case type and pursuant to statutes requiring records to be retained for specified periods. After the retention time period for the record has elapsed (if any), the court is authorized to destroy the record. This Committee has heard (and reported out) a number of bills that update the courts’ record retention rules in order to reduce excessive record storage costs and to ensure there is consistency among record retention periods. Similar to those prior bills, this bill would delete outdated and unnecessary reporting requirements, provide for consistency for retention of restraining order records by adding gun violence restraining orders to the list of existing restraining order records, and remove obsolete provisions from the code. This bill is sponsored by the Judicial Council and has no opposition on file. This bill will move to the Assembly Public Safety Committee should it advance out of this Committee.

SUMMARY: Adds to the list of records that the court must retain permanently, makes technical and clarifying changes to the law, and deletes several obsolete provisions. Specifically, this bill:

Provides that a record involving a gun violence restraining order case be retained for the duration of the restraining order and during any renewals. Thereafter, the records are to be retained permanently, like judgments.
Deletes an outdated and obsolete provision of law that allows the Judicial Council to continue to create, maintain, and preserve records according to the minimum standards or guidelines for the preservation and reproduction of the medium adopted by the American National Standards Institute or the Association for Information and Image Management if it has not adopted an appropriate rule of court.
Deletes a provision that requires each superior court to provide to the Judicial Council a list of court records destroyed within the jurisdiction of the superior court.
Makes technical and other conforming changes.

EXISTING LAW:

Provides that trial courts may create, maintain, and preserve court records, other than court reporter’s transcripts, in any form of communication, including paper, optical, electronic, magnetic, micrographic media, or other technology, if the form satisfies rules adopted by the Judicial Council, as specified. (Government Code Section 68150 (a). Unless stated otherwise, all further statutory references are to the Government code.)
Provides that the trial court clerk may destroy court records as provided when the following times have expired after the date of final disposition of the case in the following categories:
1. For civil actions and proceedings not specified, the court retains for 10 years. (Section 68152 (a)(1).)
2. For civil judgments for limited and small claims cases, the court retains for 10 years, unless judgment is renewed as specified. (Section 68152 (a)(4).)
3. For civil harassment, domestic violence, elder and dependent adult abuse, private postsecondary school violence, and workplace violence cases, the court retains for the same period of time as the duration of the restraining or other orders and any renewals thereof, then retain the restraining or other orders, the court retains the records permanently, as a judgment. (Section 68152 (a)(6).)
4. For judgments within the jurisdiction of the superior court other than in a limited civil case, misdemeanor case, or infraction case, the court retains permanently. (Section 68152 (g)(8).)
5. For judgments in misdemeanor cases, infraction cases, and limited civil cases, the court retains for the same retention period as for records in the underlying case. (Section 68152 (g)(9).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: In 1994, the Legislature enacted AB 1374 (Frazee, Chap. 1030, Stats. 1994) which established new procedures for the retention, management, and destruction of records. According to the Judicial Council (then the Administrative Office of the Courts), the bill was intended to create uniform statewide record management policies and practices to meet the needs of efficient court administration, for the protection and preservation of records, for public access, and for historical and other research. (Assembly Judiciary Committee analysis of AB 1374; January 12, 1994.) Before AB 1374, retention periods were poorly organized, not located in the same place in the code, and had inconsistent timeframes. Since then, this Committee has heard (and reported out) a number of bills that update the courts’ record retention rules in order to reduce excessive record storage costs and to ensure there is consistency among record retention periods. For example, the Legislature enacted AB 1926 (Evans, Chap. 167, Stats. 2010) which allowed the courts to preserve court records electronically and AB 1352 (Levine, Chap. 274, Stats. 2013) which streamlined record retention periods.

This bill. Similar to those prior bills, this bill would delete outdated and unnecessary reporting requirements, provide for consistency for restraining order records by adding gun violence restraining orders to the list of existing restraining orders, and remove obsolete provisions from the code.

This bill eliminates the requirement that superior courts report to the Judicial Council a list of court records destroyed by that court. Existing law requires trial courts to report to the Judicial Council a list of court records that are destroyed within the jurisdiction of the superior court. According to the Judicial Council, this reporting requirement is unnecessary and time-consuming because no one uses this information (or even requests it). Indeed, Judicial Council has stated it is unaware of any reason for tracking these records on a statewide level because the existing rules are intended to help local courts, rather than Judicial Council. Given that Judicial Council does not see any benefit to this report, and that local courts continue to track this information internally for their own purposes, the elimination of this reporting requirement appears prudent.

This bill deletes an obsolete rule requiring the Judicial Council to maintain certain minimum standards if it has not adopted an appropriate rule of court. Under existing law, if the Judicial Council has not adopted appropriate rules of court for preserving records, it is allowed to continue to create, maintain, and preserve records according to standards by the American National Standards Institute or the Association for Information and Image Management. Since the enactment of this requirement, the Judicial Council has adopted several rules on record retention. (Cal. Rules of Court, rules 10.850, 10.851, 10.854, 10.854, 10.855, 10.856.) Accordingly, given that the Judicial Council has adopted several rules of court regarding record retention, and thus made these provisions of law obsolete, it makes sense for these provisions to be removed from the code.

This bill adds gun violence restraining order cases to the record retention period list, similar to other restraining order case types. In 2014, the Legislature enacted AB 1014 (Skinner, Chap. 872, Stats. 2014) which authorized courts to issue gun violence restraining orders to remove firearms from individuals who are at-risk of committing acts of violence against themselves or others. While it was modeled after other restraining order laws, AB 1014 did not specify the period during which records were required to be retained. Under existing law, court records of other similar restraining orders (e.g., civil harassment, domestic violence, elder and dependent adult abuse) are retained for the duration of the restraining order and for any renewals, and then permanently thereafter, like judgments. Consistent with existing law, this bill sensibly adds these retraining orders to the list of other restraining orders that are required to be retained by courts. Moreover, the law apparently is being used on a limited basis, as intended. According to the Department of Justice, there have been at least 33 temporary or emergency gun violence restraining orders issued since last June. Without this bill, these records would likely be retained for no more than 10 years.

As a result of the passage of Proposition 64, this bill makes technical and clarifying updates to the code to reflect changes under current law on marijuana possession. In 2016, voters passed Proposition 64, which, among other things, legalizes marijuana use under state law for adults 21 years or older, as provided. However, existing law continues to characterize certain marijuana possession offenses as misdemeanors in the record retention statute. To maintain consistency throughout the code, this bill removes references that are to those marijuana possession offenses which are outdated by Proposition 64.

REGISTERED SUPPORT / OPPOSITION:

Support

Judicial Council of California (sponsor)

Opposition

None on file

Analysis Prepared by: Eric Dang / JUD. / (916) 319-2334

Discussed in Hearing

2MIN

Assembly Standing Committee on Judiciary

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Chaptered (8/7/2017)

AB 1443: Court records.

CONSENT

Bill No: AB 1443

DIGEST:

ASSEMBLY COMMITTEE ON APPROPRIATIONS

ABPCA Bill Id:AB 1443

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

ABPCA Bill Id:AB 1443

ASSEMBLY COMMITTEE ON JUDICIARY

ABPCA Bill Id:AB 1443

Assembly Standing Committee on Judiciary