HomeMy WebLinkAboutMINUTES - 06271989 - 1.38 x.-•®38
'TO: - Board of Supervisors ?�
FROM: Phil Batchelor, County Administrator
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DATE: June 20, 1989 '
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SUBJECT: LEGISLATION: AB 796 (Frazee)
Specific Request(s) or Recommendations(s) & Background & Justification
RECOMMENDATION:
Adopt a position of SUPPORT forAB 796 by Assemblyman Frazee which would reduce the period
of time court records would have to be retained in the Superior and Municipal Courts, thereby
reducing the need for space in which to store records and personnel needed to maintain and retrieve
records.
BACKGROUND:
The Government Code specifies the period of time various types of court records must be maintained
before they can be destroyed, even if microfilmed copies are retained. Assemblyman Frazee has
introduced AB 796 which would reduce the period of time many records have to be retained,
providing a "microfonned" copy of certain records are retained. "Microformed" is defined as a
process by which a permanent copy of a record is retained, whether by microfilm, microfiche,
electronic, laser disc or other generally accepted method whereby the public may conveniently
access a record and obtain exact copies of the original as provided by law. Among the changes which
are made are the following:
Continued on attachment: YES Signature: IfYj' �.//�v/
Recommendation of County Administrator Recommendation of Board Committee
Approver Other:
Signature(s):. ( &" / AWX, �7jo, _,
Action of Board on: .Tune 27_ 1989 Approved as Recommended x Other
Vote of Supervisors I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
x Unanimous (Absent ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: BOARD OF SUPERVISORS ON DATE SHOWN.
Absent: Abstain:
Attested June 27 , 1989
cc: County Administrator Phil Batchelor, Clerk of the Board
County Clerk-Recorder of Supervisors and County Administrator
Municipal Court Administrator
Director,Justice Systems Programs
Assemblyman Frazee By /� L`?�X Deputy Clerk Les Spahnn,SRJ.Jackson, Barish&Associates CLVM:eh(ab796bo)
1. The retention of records in civil cases in Superior Court is reduced from five years to one year.
2. The retention period for a statement or transcript on appeal from the Municipal Court to the
Superior Court without retaining a micrographic copy is reduced from 10 years after the decision
becomes final to 5 years after the decision becomes final.
3. The retention period in Municipal Court for all infraction cases which do not already have a 2
year retention period and all but specified misdemeanor violations of the Vehicle Code is reduced
from four years to three years.
4. The retention period in Municipal Court for records relating to a civil action or special
proceeding, including small claims actions, where the case was not prosecuted to judgment is
reduced from 10 years to 5 years.
5. Undercurrent law the County Clerk may transfer any court case record to a city or county museum
after 15 years from the time the last record was filed in the case if the case is not on appeal. AB
796 would instead require the County Clerk to notify the Secretary of State, any city or county
museum and any law school before any court record is destroyed and provide each such entity
60 days in which to request transfer of the records.
The County Clerk-Recorder supports AB 796 and has recommended that the Board of Supervisors
also supportAB 796 since it will substantially reduce the required storage of original records in both
Superior Court and Municipal Court. This office agrees with that recommendation and therefore
recommends that the Board of Supervisors support AB 796.
AB 796 has passed the Assembly Judiciary Committee and is now on referral to the Assembly Ways
and Means Committee.