BILL ANALYSIS Ó AB 1585 Page 1 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 Page 2 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 Page 3 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. AB 1585 Page 4 (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 FN: 0003666