BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1585| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 1585 Author: Alejo (D) and Campos (D), et al. Amended: 5/23/14 in Assembly Vote: 21 SENATE PUBLIC SAFETY COMMITTEE : 5-0, 6/17/14 AYES: Hancock, Anderson, Liu, Mitchell, Steinberg NO VOTE RECORDED: De León, Knight SENATE APPROPRIATIONS COMMITTEE : 6-0, 8/14/14 AYES: De León, Gaines, Hill, Lara, Padilla, Steinberg NO VOTE RECORDED: Walters ASSEMBLY FLOOR : 79-0, 5/28/14 - See last page for vote SUBJECT : Human trafficking SOURCE : California Attorney General DIGEST : This bill provides that a defendant who has been convicted of solicitation or prostitution, as specified, may petition the court for, and the court may set aside the conviction if the defendant can show that the conviction was the result of his/her status as a victim of human trafficking. ANALYSIS : Existing law: 1.Allows a court to set aside a conviction of a person who has CONTINUED AB 1585 Page 2 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. (Penal Code Section 1203.4 (a).) 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.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/her records sealed as these records pertain to the prostitution offenses without showing that he/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. 4.Provides that a person who was under the age of 18 at the time of a 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 the 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. 5.States that any person who was under the age of 18 when he/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 AB 1585 Page 3 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/her juvenile record. 7.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 post-trial 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 post-trial diversion program. States that nothing 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/her own recognizance pending trial. This provision does not apply to employment of peace officers. This bill: 1.Allows a court, upon making a finding that a defendant has been convicted of solicitation or prostitution as a result of his/her status as a victim of human trafficking, 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/she committed the crime; B. Orders expungement relief; C. Notifies the Department of Justice (DOJ) that the petitioner was a victim of human trafficking when he/she committed the crime and the relief that has been ordered by the court; and AB 1585 Page 4 D. Prohibits DOJ from disseminating the petitioner's record of conviction for specified licensing, employment and certification requirements. Comments According to the author's office, under existing law, when a victim of human trafficking is convicted of solicitation or prostitution their only option is to have the conviction set aside or dismissed under Penal Code Section 1203.4. However, even when the conviction has been set aside, it may be discovered during the criminal history background check process. As a result, the current expungement process still requires DOJ to reveal these convictions to employers, and licensing and certification entities. The existing law is unfair. These individuals are the true victims of the crime, and a victim should not be prevented opportunities that allow them to live a normal life. According to a study by the Polaris Project, a group committed to combating human trafficking, having a conviction of prostitution on one's record makes it difficult for a victim of human trafficking to fully integrate back into society. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Senate Appropriations Committee, potential near-term court costs in the range of $125,000 to $250,000 (*Trial Court Trust Fund) for every 5% to 10% of the estimated 25,000 misdemeanor convictions for prostitution accrued over the past nine years (since human trafficking under Penal Code Section 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 5% to 10% of 2,700 misdemeanor convictions annually going forward. SUPPORT : (Verified 8/13/14) California Attorney General (source) Alameda County District Attorney American Academy of Pediatrics AB 1585 Page 5 California Against Slavery California Catholic Conference California Coalition for Youth California Communities United Institute California District Attorneys Association Californians for Safety and Justice Citizens for Law and Order, Inc. City and County of San Francisco City of Oakland Crime Victims Action Alliance Taxpayers for Improving Public Safety The Child Abuse Prevention Center ASSEMBLY FLOOR : 79-0, 5/28/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Vacancy JG:e 8/15/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****