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Home My WebLink About78-027JMR/tw 3-7-78 RESOLUTION NO. 78-27 A RESOLUTION OF THE CITY COUNCIL OF SANTA ANA ESTABLISHING A RECORDS RETENTION SCHEDULE FOR THE POLICE DEPARTMENT AND APPROVING DESTRUCTION OF RECORDS IN ACCORDANCE THEREWITH WHEREAS, except for records affecting title to real property or liens thereon, court records, records required to be kept by statute, records less than two years old and the minutes, ordinances, or resolutions of the City Council and other City boards or commissions, Government Code Section 34090 authorizes the head of a city department to destroy any city record, document instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required, with the approval of the City Council by resolution and the written consent of the City Attorney; and WHEREAS, the Council, upon the request of the Chief of Police, desires to establish a retention schedule for records under the charge of the Chief of Police and to approve immediate destruction of records in accordance therewith; and WHEREAS, the City Attorney of the City of Santa Ana has filed his written consent with the Clerk of the Council of the City of Santa Ana; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Santa Ana: That the following retention schedule for records, documents instruments, books or papers under the charge of the Chief of Police is hereby approved in principal, and pursuant to Section 34090 et. seq. of the Government Code of the State of California, approval is hereby granted for the immediate destruc- tion of the items listed which, as of January 1, 1978, have been retained for a minimum of two (2) ~'years or for the required period of time, whichever is longer: A. Two-Year Retention Period for Records of: 1. Subjects arrested for drunk, Penal Code (',PC") Section 647 (f), unless the reporting officer indicates that the arrest was for being under the influence of drugs; RESOLUTION NO. 78-27 PAGE TWO i.e. Penal Code Section 647 (f) drugs, then five year retention will apply. Subjects arrested for violation of local ordinances except gambling, pornography and prostitution violations which will be retained for five years. Ail minor traffic offenses and traffic collision reports. A minor traffic offense is defined as any traffic offense which is not listed in Attachment I, attached hereto and incorporated by reference. ' Complaint Incident reports with respect to minor or non-specific offenses as defined in Attachment II, attached hereto and incorporated herein by reference, or classified as "information", will be retained for two years with approval of a Section Commander. B. Five Year Retention Period for Records of: Misdemeanor arrests not resulting in a conviction or for which no disposition was received, such re- tention period begins on the date of arrest. J Retainable arrests which are later termed "detention only" under 849 (b) PC. Retention period begins on the date of "detention" (arrest). Retainable arrests are defined as those arrests retained by Department of Justice for rap sheet entries. Retainable misdemeanor arrests resulting in a con- viction for a nonretainable offense, such retention period begins on the date of arrest. e Misdemeanor and felony crime reports with or without suspects or without arrestees, such retention starts at date of crime except those felony crimes with special statute of limitations beyond three years or life limitations. c. Seven-Year Retention for Records of: Misdemeanor arrests resulting in a the retention period commencing on arrest. conviction with the date of D. Modified Lifetime Retention Period Arrests resulting in a conviction for an offense where a prior constitutes a felony, for an offense which would be a felony depending upon disposition, and for all felony arrests. When the record indicates the subject has reached age 70 and has had no arrests since age 60, the record will be purged. If the individual has been arrested after age 60, his record will be main- tained for the applicable retention period if it extends past the age of 70; or, in the case of a felony conviction, for a ten-year period commencing with the date of release from supervision. Arrests not resulting in a conviction or for which no disposition was received for an offense where a prior constitutes a felony, or for an offense which would be a felony depending upon disposition, RESOLUTION NO. 78-27 PAGE THREE such retention is to begin on the date of the arrest. Arrests for felonies resulting in a conviction for a misdemeanor offense, such retention period is to begin on the date of arrest. E. Excepti0ns.To Basic Criminal Retention Periods Records of subjects convicted of offenses requiring registration under Section 290 of the Penal Code will be retained for the life of the individual. Records of subjects sentenced to prison on felony convictions, then paroled for life, will be main- tained until the subject has reached the age of 80. At age 80, the Records Section will inquire of the California Department of Corrections as to the subject's status. Retention reverts to the "Modified Lifetime Retention Period", age 70 if discharged from parole. Records of juveniles committed by a juvenile court to a California Youth Authority (CYA) facility will be retained until age 25 or 5 years from date of release, whichever is longer. Commitments by an adult court to CYA will be retained for 7 years from the date of arrest. Subject to the required two (2) year retention provided by Government Code Section 34090, the City's policy for establishing a criminal history record on juveniles is: No reports of arrests for Welfare and Insti- tution Code (WIC) Sections 600 & 601 will be retained. be No WIC Section 602's for nonserious offenses listed on Attachment II will be retained, except for CYA commitments. Ail reports of arrests for WIC Section 602 with serious offenses and commitment to CYA will be held to age 25 and then reviewed by the Juvenile Section Commander for further retention. When a record exists in Police Department files showing only out-of-state entries, the record will be immediately purged, except for a conviction of an offense which, if committed in California, would be registrable under Penal Code Section 290. Records of deceased persons will be purged two years after the date of death, except homicide victims which will have life retention. 6. Ail open, unsolved or cleared homicide cases will have life retention. ADOPTED this by the following vote: 13th day of March , 1978, RESOLUTION NO. 78-27 PAGE FOUR AYES: NOES: ABSENT: Brandt, Ortiz, Yamamoto, COUNCILMEN: Evans, Garthe, Ward COU~ILMEN: None C~IlLMEN y~en ~OR ATTEST: ~O~NCE I. APPROVED AS T~ FORM: E/I~HL. GOW City Attorney RESOLUTION NO. 78-27 RETAINABLE V~dICLE CODE VIOLATIONS FOR NSW O~'~NDER CONVERSIONS 20 VC - False stat~_nts 31 VC - Giving false information to peace officer 2261 VC - Impersonating CHP Officer 4463 VC - Forging or altering auto registration, etc. 10501 VC - False report of theft with intent to deceive 10552 VC - False report of theft with intent to deceive 10655 VC - Failure to make report or keep record 10750 (a) VC - Altering or changing vehicle ID number 10751 VC - Buying, selling, or possessing vehicle with altered n~nber 10851 VC - Taking vehicle without owner's consent 10851.8 VC - Theft of binder chains 10852 VC - Tampering with auto 10853 VC - Malicious mischief to auto 10854 VC - Bailee tampering with auto 10855 VC - Embezzling rented autO 11500 VC - Dismantling vehicle without pennit 11520 VC - Dismantling vehicle without notifying DMV 11700 VC - Dealer, mfg., transporter without license 11713 VC - False advertising 11800 VC - Acting as vehicle salesman without license 11806 VC - False advertising 14601 (a) VC - Driving with suspended or revoked license 20001 VC - Hit and run/death or injury 20002 (a) VC - Hit and run/property damage 23101 (b) VC - Felony drunk driving on highway 23101 (b) VC - Felony drunk driving not on highway 23102 (a) VC - Misd~nor drunk driving on highway 23102 (b) VC - Misd~neanor drunk driving not on highway 23103 VC - Reckless driving 23104 VC - Reckless driving with injury 23105 (a) VC - Misd~neanor dui any drug on highway 23105 (b) VC - Misd~neanor dui any drug not on highway 23105 (c) VC - Drug addict driving on highway 23105 (e) VC - Misd~m~nor dui any drug with prior 23106 (a) VC - Felony dui any drug on highway 23106 (b) VC - Felony dui any drug not on highway 23109 (a) VC - Illegal speed contest 23109 (b) VC - Illegal e~hibition of speed 23109 (c) VC - Blocking road for speed centest 23110 (a) VC - Throwing substance at vehicle, misdemeanor 23110 (b) VC - 5brewing substance at v~hicle, felony - Attachment I - RESOLUTION NO. 78-27 NONRETAINABLE MINOR ~ NONSPECIFIC O~'~'k~SES Attachment contempt of court (no charge)* Attempt (no charge given) Bench warrant (no charge given) Body attachment for default Bond jumping (no charge given) Bond Surrender - 1300, 1300.1, 1305 Penal Code (no charge given) California administrative code - minor campground or state park violations Court order for appearance - debtor warrant Court order return Disorderly Disorderly conduct, DOC, disorderly conduct drunk, etc. Drunk in/about vehicle Enroute or hold (booked in transit, not arrested by the booking jurisdiction) Ex-con registration - Nevada only Failure to appear (no charge given) Failure to appear for civil proceeding Failure to cc~ply (no charge given) Failure to identify Failure to pay fine (no charge given) General principles Intoxication only (849 (b) PC)** Investigation Juvenile (no charge given) Lodger or sleeper No driver' s license No driver's license in possession Order to produce Order to show cause (no charge given) Possession of alcohol by minor (25662 B&P Code) Public resources code - minor campground or state park violations Suspicion Trespass Trustee ccm%%.~ tment Violation of parole (no charge given) Violation of probation (no charge given) Witness, material witness, or writ of habeas corpus 126 Street and Highways Code * "Attachment conteg~t of court" means an order was issued to bring in the subject. ** This is a disposition rather than an offense. - Atta~t II -