PJDC Sponsored Bill Sb 1161 in effect!

1/6/25: In 2024, Pacific Juvenile Defender Center proudly sponsored Senate Bill 1161 (Senator Josh Becker, 13th District) which made significant improvements to twelve (12) juvenile or juvenile-related statutes, including Welfare and Institutions Code 827, 303, 388, 450, 451, 604, 654.2, 781, 786, 786.5, 800, and Penal Code 851.7. 

• PJDC successfully amended WIC 604 to ensure that youth certified back from criminal courts to juvenile courts would be able to have their criminal record sealed upon sealing of the corresponding juvenile record.
• WIC 786.5 was amended to ensure youth who probation determines do not require an intervention or are not filed on by the district attorney after being held in juvenile hall can seal their records immediately (as opposed to using the WIC 781 sealing process).
• SB1161 clarifies defense counsel for the youth are not required to seal their own clients’ records, and attorneys representing individuals with juvenile records may inspect their own clients’ juvenile records without filing an WIC 827 petition.
• WIC 827 now makes clear that the same safeguards for confidential and privileged records in WIC 300 (dependency) records also apply to juvenile justice records. The law also clarifies that foster youth (non-minor dependents) who have successfully obtained a dismissal of their offense are still able to receive benefits and services.
• Although rarely used, Penal Code 851.7** (a record sealing statute) is amended to include misdemeanors and provide the same sealing opportunity to youth with felony arrests and citations not accompanied by a formal arrest.
• Regarding appeals, WIC 781 is now amended to clarify that even if a juvenile court transfers or terminates jurisdiction, or, seals a youth’s records, that appellate court jurisdiction is not impacted. WIC 781 was also amended to clarify that a conviction that has been dismissed (pursuant to Penal Code 1203.4 or other post-conviction statutes) will not bar anyone from a juvenile record sealing, provided they are otherwise eligible.
• Finally, WIC 654.2 has been amended to ensure youth are given equal consideration for informal supervision regardless of whether they live in the county where the offense occurred.

 

** PJDC strongly encourage juvenile practitioners to continue to utilize the juvenile sealing statutes rooted in the Welfare and Institutions Code and bring forth sealing motions in the juvenile courts. The sole purpose of amending PC 851.7 was to maintain consistency with related juvenile sealing statutes contained in the WIC; ultimately PJDC continues to push for a clear separation between adult criminal and juvenile laws.