BILL NUMBER: AB 2040	CHAPTERED
	BILL TEXT

	CHAPTER  197
	FILED WITH SECRETARY OF STATE  AUGUST 27, 2012
	APPROVED BY GOVERNOR  AUGUST 27, 2012
	PASSED THE SENATE  AUGUST 9, 2012
	PASSED THE ASSEMBLY  MAY 31, 2012
	AMENDED IN ASSEMBLY  MAY 25, 2012

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 23, 2012

   An act to add Section 1203.47 to the Penal Code, relating to
prostitution.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2040, Swanson. Prostitution: human trafficking: expungement.
   Existing law authorizes the court, upon petition from a person who
has reached 18 years of age, to seal all records relating to the
person's case in the custody of a juvenile court if the person has
not been subsequently convicted of a felony or misdemeanor involving
moral turpitude, and if rehabilitation has been attained to the
satisfaction of the court.
   This bill would provide that a person who was adjudicated a ward
of the court for the commission of a violation of specified
provisions prohibiting prostitution may petition a court to have his
or her records sealed as these records pertain to the prostitution
offenses without showing that he or she has not been subsequently
convicted of a felony or misdemeanor involving moral turpitude, or
that rehabilitation has been attained, as provided. The bill would
specify that the relief provided by the bill would not apply to a
person who paid money, or attempted to pay money, to any person for
the purposes of prostitution, and would also specify that the
provisions of the bill apply to convictions and adjudications that
occurred before and after the effective date of the bill.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1203.47 is added to the Penal Code, to read:
   1203.47.  (a) A person who was found to be a person described in
Section 602 of the Welfare and Institutions Code by reason of the
commission of an offense described in subdivision (b) of Section 647
or in Section 653.22 may, upon reaching 18 years of age, petition the
court to have his or her record sealed, as provided in Section 781
of the Welfare and Institutions Code, except that, as pertaining to
any records regarding the commission of an offense described in
subdivision (b) of Section 647 or in Section 653.22, it shall not be
a requirement in granting the petition for the person to show that he
or she has not been convicted of a felony or of any misdemeanor
involving moral turpitude, or that rehabilitation has been attained
to the satisfaction of the court. Upon granting the petition, all
records relating to the violation or violations of subdivision (b) of
Section 647 or of Section 653.22, or both, shall be sealed pursuant
to Section 781 of the Welfare and Institutions Code.
   (b) The relief provided by this section does not apply to a person
convicted pursuant to subdivision (b) of Section 647 or of Section
653.22 who paid money or any other valuable thing, or attempted to
pay money or any other valuable thing, to any person for the purpose
of prostitution as defined in subdivision (b) of Section 647.
   (c) This section applies to convictions and adjudications that
occurred before, as well as those that occur after, the effective
date of this section.
   (d) A petition granted pursuant to this section does not authorize
the sealing of any part of a person's record that is unrelated to a
violation of subdivision (b) of Section 647, Section 653.22, or both.