BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1585
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          ASSEMBLY THIRD READING
          AB 1585 (Alejo and Campos)
          As Amended  May 23, 2014
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      17-0        
           
           ----------------------------------------------------------------- 
          |Ayes:|Ammiano, Melendez,        |Ayes:|Gatto, Bigelow,           |
          |     |Jones-Sawyer              |     |Bocanegra, Bradford, Ian  |
          |     |Quirk, Ridley-Thomas,     |     |Calderon, Campos,         |
          |     |Stone, Hagman             |     |Donnelly, Eggman, Gomez,  |
          |     |                          |     |Holden, Jones, Linder,    |
          |     |                          |     |Pan, Quirk,               |
          |     |                          |     |Ridley-Thomas, Wagner,    |
          |     |                          |     |Weber                     |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Provides that a defendant who has been convicted of  
          solicitation or prostitution may petition the court to set aside  
          the conviction if the defendant can establish 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  : 

          1)Allows a court to issue an order that does all of the  
            following:

             a)   Sets forth a finding that the petitioner was a victim of  
               human trafficking when he or she committed the crime;

             b)   Orders expungement relief; and,

             c)   Notifies the Department of Justice (DOJ) that the  
               petitioner was a victim of human trafficking when he or she  
               committed the crime and the relief that has been ordered by  
               the court.

          2)Prohibits DOJ from disseminating the petitioner's record of  
            conviction for applications and petitions related to  
            adoptions, and other specified licensing, employment and  
            certification requirements.









                                                                  AB 1585
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           EXISTING LAW  :

          1)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 that the person  
            should be granted relief, provided that the person is not then  
            serving a sentence for any other offense, is not on probation  
            for any other offense, and is not being charged with any other  
            offense. 

          2)Provides that the relief pursuant to Penal Code Section 1203.4  
            does not relieve the petitioner of the obligation to disclose  
            the conviction in response to any direct question contained in  
            any questionnaire or application for public office, for  
            licensure by any state or local agency, or for contracting  
            with the California State Lottery Commission.

          3)Provides that a person who was under the age of 18 at the time  
            of commission of a misdemeanor and is eligible for, or has  
            previously received expungement relief, may petition the court  
            for an order sealing the record of conviction and other  
            official records in the case, including records of arrests  
            resulting in the criminal proceeding and records relating to  
            other offenses charged in the accusatory pleading, whether  
            defendant was acquitted or charges were dismissed.  Thereafter  
            the conviction, arrest, or other proceeding shall be deemed  
            not to have occurred, and the petitioner may answer  
            accordingly any question relating to their occurrence.

          4)States 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.  This relief is not available to a person 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.

          5)States that any person who was under the age of 18 when he or  








                                                                  AB 1585
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            she was arrested for a misdemeanor, may petition the court in  
            which the proceedings occurred or, if there were no court  
            proceedings, the court in whose jurisdiction the arrest  
            occurred, for an order sealing the records in the case,  
            including any records of arrest and detention, in certain  
            circumstances.

          6)Allows in certain cases, a person who has reached the age of  
            18 years to petition the juvenile court for sealing of his or  
            her juvenile record.

          7)Provides that DOJ shall maintain state summary criminal  
            history information and authorizes DOJ to furnish state  
            summary criminal history information to statutorily authorized  
            entities for specified purposes including employment and  
            licensing.

          8)Prohibits an employer, whether a public agency or private  
            individual or corporation, from asking an applicant for  
            employment to disclose, through any written form or verbally,  
            information concerning an arrest or detention that did not  
            result in conviction, or information concerning a referral to,  
            and participation in, any pretrial or posttrial diversion  
            program.  Nor shall any employer seek from any source  
            whatsoever, or utilize, as a factor in determining any  
            condition of employment including hiring, promotion,  
            termination, or any apprenticeship training program or any  
            other training program leading to employment, any record of  
            arrest or detention that did not result in conviction, or any  
            record regarding a referral to, and participation in, any  
            pretrial or posttrial diversion program.  Nothing in this  
            section shall prevent an employer from asking an employee or  
            applicant for employment about an arrest for which the  
            employee or applicant is out on bail or on his or her own  
            recognizance pending trial.  This provision does not apply to  
            employment of peace officers.

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, 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. 









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          (Prohibits DOJ from disseminating the petitioner's record of  
          conviction for specified licensing, employment and certification  
          requirements.)

          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 General Fund cost to the state trial courts could  
          exceed $150,000.  

           COMMENTS  :  According to the author, "Human trafficking has  
          become a serious issue in our state, with people being bought,  
          sold and smuggled like modern-day slaves.  It affects people of  
          all races, religions and backgrounds, and can have long lasting  
          effects on victims and their families. The purpose of this bill  
          is to help those most affected by human trafficking create a new  
          life and move beyond their harsh past.  A person forced into a  
          life of prostitution should not be branded as a criminal."

          Please see the policy committee analysis for a full discussion  
          of this bill.


           Analysis Prepared by  :    Stella Choe / PUB. S. / (916) 319-3744 


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