California Criminal Convictions Record Act of 1997

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    Purpose of the Act

    • The act required information previously being reported by the court to the Department of Justice to be entered into a computer database, creating electronic records. Law enforcement agencies could then much more efficiently obtain accurate information about criminal histories and previous convictions.

    Debate

    • Judge Melinda A. Johnson expressed concerns that the rule would shift the burden to the defendant of maintaining innocence. Additional concerns were expressed that court employee workloads would increase.

      Justice Christopher Cottle disagreed with the concerns, taking the stance that the rule would potentially benefit defendants, making it easier to clarify if a prior conviction had occurred. Further arguments stated that workloads would actually be decreased due to the efficiency of electronic record keeping systems.

    Implementation of the Act

    • The motion for Rule 895 was passed. The California Judicial Council adopted the Criminal Convictions Records Act, implementing it on July 1, 1998.

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