BILL ANALYSIS Ó
AB 1585
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Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1585 (Alejo) - As Introduced: February 3, 2014
Policy Committee: Public
SafetyVote: 7-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes the court to set aside a conviction for
prostitution or solicitation if the defendant petitions the
court and can show by clear and convincing evidence that the
conviction was the result of his or her status as a victim of
human trafficking. Specifically, this bill allows a court upon
making such a finding to issue an order that does all of the
following:
1)Finds the petitioner was a victim of human trafficking when he
or she committed the crime.
2)Orders expungement relief.
3)Notifies the Department of Justice (DOJ) the petitioner was a
victim of human trafficking when he or she committed the crime
and that relief has been ordered by the court.
This bill also prohibits DOJ from disseminating the petitioner's
record of conviction for specified licensing, employment and
certification requirements.
FISCAL EFFECT
Unknown annual state trial court costs, potentially in excess of
$150,000. Based on about 10,000 misdemeanor adult arrests for
prostitution statewide, if 2% eventually pursued such a
petition, with an average of two hours of court time per case,
the annual GF cost to the state trial courts could exceed
$150,000.
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COMMENTS
1)Rationale . According to the author, human trafficking has long
lasting effects on victims and their families. The intent of
this bill is to help human trafficking victims to create a new
life. "A person forced into a life of prostitution should not
be branded as a criminal."
Under current law, when a human trafficking victim is
convicted of solicitation or prostitution their only option is
to have the conviction set aside or dismissed under Penal Code
Section 1203.4, which allows a court to set aside a conviction
of a person who has fulfilled the conditions of probation for
the entire period of probation, or has been discharged prior
to the termination of the period of probation, or who the
court in its discretion and the interests of justice,
determines should be granted relief, provided that the person
is not serving a sentence for any other offense and is not
being charged with any other offense.
The author contends, however, that even if a conviction is set
aside, it may be discovered via a criminal history background
check, as the current expungement process requires DOJ to
reveal these convictions to specified employers, and licensing
and certification entities.
2)Is there a need for a special record-sealing procedure for
prostitution? Moreover, does this bill create equal protection
concerns ? Current law provides sealing and expungement relief
to juveniles for most offenses and to adults convicted of most
misdemeanors, including prostitution. For juvenile offenses,
the petitioner may have his or her record sealed upon reaching
18 years of age if he or she has not been subsequently
convicted of a felony or a misdemeanor involving moral
turpitude, and if the court is satisfied the petitioner has
been rehabilitated. In addition, an offender may file a
petition any time before reaching the age of 21 to dismiss the
petition if the court finds the interests of justice require
such dismissal, or if it finds the minor is not in need of
treatment or rehabilitation.
For misdemeanor offenses committed as an adult, the offender
may have the conviction set aside or dismissed upon a showing
the petitioner has completed probation, is not serving a
sentence for any other offense, and is not being charged with
AB 1585
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any other offense.
Moreover, as noted in the Assembly Public Safety Committee
analysis, expungement relief does not erase a conviction, it
provides additional information in the criminal record showing
that the conviction was set aside or dismissed. This bill
establishes a separate procedure available only for one class
of defendants, and provides this class with the additional
benefit of prohibiting DOJ from releasing information about
the prior conviction for specified licensing, employment or
certification requirements. This benefit is not available to
other defendants who successfully petition for expungement
relief. A state law that provides favorable treatment to one
class of defendants based solely on their status, while
denying other classes of defendants the same treatment, may
raise equal protection issues.
3)It is not clear that prosecution of human trafficking victims
occurs with any frequency. In most cases, coercion or duress
would be a complete defense to prostitution or solicitation
charges. Nor is it not clear whether a victim of human
trafficking, having been convicted of prostitution, and having
successfully received expungement relief, has been denied a
job or certification based on knowledge of the expungement.
4)There were 41 commitments to state prison from 2009-2012 for
human trafficking.
5)Prior Legislation .
a) AB 795 (Alejo) was similar to AB 1585 and was held on
this committee's Suspense File.
b) AB 2040 (Swanson), Statutes of 2012, specifies a ward of
the court for the commission of prostitution may petition
to have his or her records sealed, without showing he or
she has not been convicted of a subsequent crime involving
moral turpitude, or that rehabilitation has been attained.
c) AB 1940 (Hill), 2012, authorized a court to seal a
record of conviction for prostitution based on a finding
that the petitioner is a victim of human trafficking, that
the offense is the result of the petitioner's status as a
victim of that crime, and that the petitioner is therefore
factually innocent. AB 1940 was held on this committee's
Suspense File.
AB 1585
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Analysis Prepared by : Geoff Long / APPR. / (916)
319-2081