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Title
Rules and Forms: Miscellaneous Technical Changes (Action Required)
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Summary
Summary
Various members of the judicial branch, members of the public, and Judicial Council staff have identified errors in the California Rules of Court and Judicial Council forms resulting from typographical errors and changes resulting from legislation and previous rule amendments and form revisions. Judicial Council staff recommend making the necessary corrections to avoid causing confusion for court users, clerks, and judicial officers.
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Recommendation
Recommendation
Judicial Council staff recommend that the council, effective January 1, 2018:
1. Amend rule 3.2300 of the California Rules of Court to conform to new law. Assembly Bill 90 (Weber), signed by the Governor on October 12, 2017, and effective January 1, 2018, amends Penal Code sections 186.34 and 186.35, which set out procedures for requesting the removal of an individual's name from a shared gang database, and for petitioning the court to review a law enforcement agency's denial of such a request.
Among other things, the amendments provide that a law enforcement agency's failure to respond to a written request for removal may be considered a "deemed denial" and be subject to court review just as a written denial is. The proposed amendments to rule 3.200 reflect this change in the law. The rule's cross-references to the statute and statutory text quoted in the Advisory Committee Comment have also been amended to reflect the amended statutes. The Judicial Council form used in conjunction with these rules also needs to be changed, but the changes are more extensive than may appropriately be done as technical changes.
2. Amend rule 10.855 to strike subdivision (j) entirely and reletter subdivision (k) as (j) and revoke form REC-003, Report to The Judicial Council: Superior Court Records Destroyed, Preserved, and Transferred, to conform to recent changes to statute. Assembly Bill 1443 (Levine), effe...
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