AB 795, as amended, Alejo. Human trafficking.
begin insertExisting law defines and proscribes the crimes of human trafficking, solicitation, and prostitution. Existing law also authorizes a court, in its discretion and in the interests of justice, to grant various forms of relief to a petitioner who completes conditions of probation, including the dismissal of the accusation or information against that person.
end insertbegin insertExisting law requires the Department of Justice to maintain state summary criminal history information, and to furnish that information to specified entities for various purposes, including for purposes of fulfilling employment, licensing, and certification requirements.
end insertbegin insertThis bill would provide that if a defendant has been convicted of solicitation or prostitution and can show that the conviction was the result of his or her status as a victim of human trafficking, he or she may petition for, and the court may issue, an order that (1) sets forth a finding that the defendant was a victim of human trafficking, as specified, (2) dismisses the accusation or information against the defendant, (3) notifies the department that the defendant was a victim of human trafficking when he or she committed the crime and the relief that has been ordered, and (4) prohibits the dissemination, for specified employment, licensing, and certification requirements, of the defendant’s record of conviction.
end insertExisting law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, provides that any person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services or to maintain a violation of specified criminal acts, including sexual exploitation of a child or extortion, or who causes, induces, or persuades, or attempts to cause, induce, or persuade, a minor to engage in a commercial sex act, is guilty of human trafficking. A violation of these provisions is punishable by imprisonment in the state prison, as specified, and by a fine of not more than $500,000.
end deleteThis bill would express the intent of the Legislature to enact legislation that would enhance the effectiveness of state laws proscribing human trafficking.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 1203.49 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert
If a defendant has been convicted of solicitation or
4prostitution, as described in subdivision (b) of Section 647, and if
5the defendant can show that the conviction was the result of his
6or her status as a victim of human trafficking, he or she may
7petition the court for, and the court may issue, an order that does
8all of the following:
9(a) Sets forth a finding that the petitioner was a victim of human
10trafficking when he or she committed the crime.
11(b) Orders any of the relief described in Section 1203.4.
12(c) Notifies the Department of Justice that the petitioner was a
13victim of human trafficking when he or she committed the crime
14
and the relief that has been ordered.
15(d) Prohibits the dissemination pursuant to subdivisions (k) to
16(p), inclusive, of Section 11105 of the petitioner’s record of
17conviction.
It is the intent of the Legislature to enact
19legislation that would enhance the effectiveness of state laws
20proscribing human trafficking.
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