Amends TCA Title 33; Title 37; Title 39 and Title 40.

ON APRIL 9, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2805, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the changes described below to the law relevant to juvenile courts and proceedings. Present law prohibits the disposition of a child and evidence adduced in a hearing in juvenile court from being used against such child in any proceeding in any court other than a juvenile court, whether before or after reaching majority, except in dispositional proceedings after conviction of a felony for the purposes of a pre-sentence investigation and report. This amendment adds another exception to the above prohibition for pretrial reports used to set bonds. Present law provides that all files and records of the court in a proceeding under the general provisions of the law regarding juvenile courts and proceedings are open to inspection only by (i) the judge, officers and professional staff of the court; (ii) the parties to the proceeding and their counsel and representatives; (iii) a public or private agency or institution providing supervision or having custody of the child under order of the court; (iv) a court and its probation and other officials or professional staff and the attorney for the defendant for use in preparing a presentence report in a criminal case in which the defendant is convicted and who prior thereto had been a party to the proceeding in juvenile court; and (v) with permission of the court, any other person or agency or institution having a legitimate interest in the proceeding or in the work of the court. This amendment adds to the present law in (iv) above by providing such files and records are also open to inspection by a court and its probation and other officials or professional staff and the attorney for the defendant for use pretrial reports used to set bonds. In determining the amount of bail necessary to reasonably assure the appearance of the defendant while at the same time protecting the safety of the public, present law requires the magistrate to consider, among other things, the defendant's prior criminal record and the likelihood that because of that record the defendant will pose a risk of danger to the community. This amendment adds to the present law by requiring the magistrate to also consider the defendant's prior juvenile record.