The URL can be used to link to this page

Home My WebLink About85-121RESOLUTION NO. 85-121 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 City 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 and 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 fo~ the immediate destruction of the items listed which, as of May 1, 1985, 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: 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; i.e. Penal Code Section 647(f) drugs, then five (5) year retention will apply. Subjects arrested for violation of local ordinances except gambling, pornography and prostitution violations which will be retained for five (5) years. All minor traffic offenses and traffic collision reports. A minor traffic offense is defined as any traffic offense which is not listed in Attach- ment A, attached hereto and incorporated by reference. RESOLUTION NO. 85-121 e Complaint Incident reports with respect to minor or non-specific offenses as defined in Attachment B, attached hereto and incorporated herein by reference, or classified as "information", will be retained for two (2) 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. Retainable arrests which are later termed "deten- tion only" under 849(b) PC. Retention period begins on the date of "detention" (arrest). Retainable arrests are defined as those arrests retained by the 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. Misdemeanor and felony crime reports with or with- out suspects or without arrestees, such retention starts at date of crime except those felony crimes with special statute of limitations beyond three (3) years or life limitations. Investigative files and/or case notes maintained by the Investigative Units of the agency and which are not relevant to current ongoing investigations, pending adjudication or review and which are not specifically described or listed elsewhere in this resolution. C. Seven-Year Retention for Records of: Misdemeanor arrests resulting in a conviction with the retention period commencing on the date of arrest. D. Modified Lifetime Retention Period: Arrests resulting in a conviction for an offense where a prior constitutes a felgny, for an offense which would be a felony depend~hg upon disposition, and for all felony arrests. RESOLUTION NO. 85-121 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, the 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 (10) year period com- mencing with the date of release from supervision. 3o Arrests not resulting in a conviction or for which no disposition was received for an offense where a prior constitutes a felony depending upon dispo- sition, such retention is to begin on the date of arrest. Arrest for felonies resulting in a conviction for a misdemeanor offense, such retention period is to begin on the date of arrest. E. Exceptions 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. e 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", at age 70 if dis- charged from parole. o Records of juveniles committed by juvenile court to a California Youth Authority ("CYA") facility will be retained until age 25 or five (5) years from date of release, whichever is longer. Commitments by an adult court to CYA will be retained for seven (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 criminal history record on juveniles is: No reports of arrests for Welfare and Institu- tion Code ("WIC") Sections 600 & 601 will be retained. RESOLUTION NO. 85-1Zl ATTEST: o ADOPTED bo No WIC Section 602's for nonserious offenses listed on Attachment II will be retained, except for CYA commitments. All 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 (2) years after the date of death, except homicide victims which will have life retention. All open, unsolved or cleared homicide cases will have life retention. THIS 21st day of October , 1985. Daniel E. Griset, Mayor ~]ani'ce C. Guy, Cle)~k of~/~ Council COUNCIL MEMBERS: Griset Aye Johnson ~ent Hart -A-6-~-e n t Luxembourger ~ Acosta ~ye Young -A~ McGuigan -A--ye Approved as to Form: ~8'ward-ul~C. rJCoope¥, City Attorney RESOLUTION NO. 85-121 ATTACHMENT A RETAINABLE VEHICLE CODE VIOLATIONS FOR NEW OFFENDER CONVERSIONS 20 VC 31VC 2261VC 4463 VC 10501VC 10552 VC 10655 VC 10750(a) 10751VC 10851VC - 10851.3 VC 10852 VC - 10853 VC - 10854 VC - 10855 VC - 11500 VC - 11520 VC - 11700 VC - 11713 VC - 11800 VC - 11806 VC 14601(a) 20001VC 20002(a) 23101(a) 23101(b) 23102(a) 23102(b) 23103 VC 23104 VC '23105(a) VC - '23105(b) VC - '23105(c) VC - '23105(e) VC - '23106(a) VC - - False statements (document) - Giving false information to peace officer - Impersonating CHP Officer - Forging or altering auto registration, etc. - False report of theft with intent to deceive - False report of theft with intent to deceive - Failure to make report or keep record VC - Altering or changing vehicle ID number - Buying, selling or possessing vehicle with altered number Taking vehicle without owner's consent - Theft of binder chains Tampering with auto Malicious mischief to auto Bailee tampering with auto Embezzling rented auto Dismantling vehicle without permit Dismantling vehicle without notifying DMV Dealer, mfg., transporter without license False advertising Acting as vehicle salesman without license - False advertising (Now Revocation of License) VC - Driving with suspended or revoked license - Hit and run/death or injury, failure to stop VC - Hit and run/property damage, failure to stop VC - Felony drunk driving on highway (Now 23153(a) VC) VC - Felony drunk driving not on highway (Now 23153(b) VC) VC - Misdemeanor drunk driving on highway (Now 23152(a) VC) VC - Misdemeanor drunk driving not on highway (Now 23152(b) VC) - Reckless driving - Reckless driving with injury Misdemeanor DUI any drug on highway Misdemeanor DUI any drug not on highway Drug addict driving on highway Misdemeanor DUI any drug with prior 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 exhibition of speed RESOLUTION NO. 85-121 23109(c) VC - Blocking road for speed contest 23110(a) VC - Throwing substance at vehicle, misdemeanor 23110(b) VC - Throwing substance at vehicle, felony * Statute repealed - Attachment A - RESOLUTION NO. 85-121 ATTACHMENT B NONRETAINABLE MINOR AND NONSPECIFIC OFFENSES 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, 1306 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 comply (no charge given) Failure to idenify Failure to pay fine (no charge given) General principles Inquiry 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 commitment Violation of parole (no charge given) Violation of probation (no charge given} Witness, material witness, or writ of habeas corpus 126 Street and Highway Code * "Attachment contempt of court" means an order was issued to bring in the subject. ** This is a disposition rather than an offense. - Attachment B -