BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1585 (Alejo) - Human trafficking.
Amended: May 23, 2014 Policy Vote: Public Safety 5-0
Urgency: No Mandate: No
Hearing Date: June 30, 2014
Consultant: Jolie Onodera
This bill meets the criteria for referral to the Suspense File.
Bill Summary: AB 1585 would provide that a defendant who has
been convicted of solicitation or prostitution, and has
completed a term of probation, may petition the court to set
aside the conviction if the defendant can establish by clear and
convincing evidence that the conviction was a result of his or
her status as a victim of human trafficking. This bill would
also prohibit the Department of Justice (DOJ) from disseminating
the petitioner's record of conviction for specified licensing,
employment, and certification requirements.
Fiscal Impact: Potential near-term court costs in the range of
$125,000 to $250,000 (General Fund*) for every five to ten
percent of the estimated 25,000 misdemeanor convictions for
prostitution accrued over the past nine years (since human
trafficking under PC § 236.1 was established) that petition the
court. This estimate assumes 90 minutes of court time per
petition ($100/90 minutes). Out-year court costs potentially
less than $30,000 assuming petitions filed for every five to ten
percent of 2,700 misdemeanor convictions annually going forward.
*Trial Court Trust Fund
Background: Existing law 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
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. (PC § 1203.4(a))
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Under existing law, the relief provided under PC § 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, specified
employment, or for licensure or certification by any state or
local agency.
Proposed Law: This bill would allow a court, upon making a
finding by clear and convincing evidence that a defendant has
been convicted of solicitation or prostitution as a result of
his or her status as a victim of human trafficking, to issue an
order that does all of the following:
Sets forth a finding that the petitioner was a victim of
human trafficking when he or she committed the crime.
Orders expungement relief.
Notifies the 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.
Prohibits the DOJ from disseminating the petitioner's
record of conviction for specified licensing, employment,
and certification requirements.
Prior Legislation: AB 795 (Alejo) 2013 was substantially similar
to this measure. This bill was held on the Suspense File of the
Assembly Committee on Appropriations.
Staff Comments: The Judicial Council indicates potentially
significant costs due to the establishment of a new petition for
relief.
Arrest and conviction data from the DOJ for the most recent five
years through 2013 indicate about 10,000 arrests annually for
misdemeanor prostitution (PC § 647(b)), and on average about
2,700 convictions per year. It is unknown how many petitions
will be filed in any one year under the provisions of this
measure, but extrapolating the average number of convictions
over the past five years back to 2005, when the crime of human
trafficking under PC § 236.1 was established in state statute,
results in approximately 25,000 convictions for
prostitution/solicitation that could potentially be eligible to
petition the court upon enactment of this measure. For every
five to 10 percent (1,250 to 2,500) of these individuals who
choose to petition the court, would result in new court costs in
the range of $125,000 to $250,000 assuming the court would spend
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90 minutes on each case, at a cost of $100 per 90 minutes.
Out-year court costs are estimated to be potentially less than
$30,000 to the extent petitions are filed for five to ten
percent of 2,700 individuals annually convicted of misdemeanor
violations.