Amended in Senate August 17, 2016

Amended in Senate August 15, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1762


Introduced by Assembly Member Campos

(Principal coauthors: Assembly Members Santiago and Weber)

February 2, 2016


An act to amend Sections 8712, 8811, and 8908 of the Family Code, and to amend Sections 236.1 and 11105 of, to add Sections 236.24 and 236.25 to, and to repeal Section 1203.49 of, the Penal Code, relating to human trafficking.

LEGISLATIVE COUNSEL’S DIGEST

AB 1762, as amended, Campos. Human trafficking: victims: vacating convictions.

(1) Under existing law, as amended by Proposition 35, an initiative measure approved by the voters at the November 6, 2012, statewide general election, a person who deprives or violate another person’s personal liberty with the intent to obtain forced labor or services or who deprives or violates another person’s personal liberty for the purpose of prostitution or sexual exploitation is guilty of human trafficking, a felony. Proposition 35 provides that it may be amended by a statute in furtherance of its objectives by a majority of the membership of each house of the Legislature concurring.

Existing law allows a court to issue an order to set aside a verdict of guilty and dismiss an accusation or information against a defendant who has been convicted of solicitation or prostitution if the defendant has completed any term of probation for that conviction and if he or she 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 instead allow an individual convicted of a nonviolent crime that was a direct result of the individual being a human trafficking victim to apply to the court to vacate the conviction if the individual is not then in custody and has either not been convicted of any crime for two years or has successfully completed probation for the crime. The bill would allow an individual adjudicated a ward of the juvenile court as the result of a nonviolent crime committed while he or she was a human trafficking victim to apply to have the petition dismissed if the individual has not had a sustained petition for any crime or been convicted of any crime for one year prior to the date of application. The bill would specify various court procedures for adjudication of an application. If the application is granted, the bill would require the court to have all records in the case sealed and to release the defendant from all penalties and disabilities, as provided. The bill would define “human trafficking victim” and “nonviolent crime” for these purposes.

The bill would require the individual applying for vacatur to submit the application and all evidence in support of the application under penalty of perjury. By expanding the crime of perjury, this bill would impose a state-mandated local program.

(2) Existing law requires the Attorney General to compile and disseminate state summary criminal history information pertaining to the identification and criminal history of any person.

This bill would require the state summary criminal history information to exclude any charge or conviction for which relief has been granted pursuant to the provisions of this bill.

begin insert

(3) This bill would incorporate additional changes to Section 8712 of the Family Code, proposed by AB 1997, that would become operative only if this bill and AB 1997 are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert
begin delete

(3)

end delete

begin insert(4)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 8712 of the Family Code is amended to
2read:

3

8712.  

(a) The department, county adoption agency, or licensed
4adoption agency shall require each person who files an application
5for adoption to be fingerprinted and shall secure from an
6appropriate law enforcement agency any criminal record of that
7person to determine whether the person has ever been convicted
8of a crime other than a minor traffic violation. The department,
9county adoption agency, or licensed adoption agency may also
10secure the person’s full criminal record, if any. Any federal-level
11criminal offender record requests to the Department of Justice
12shall be submitted with fingerprint images and related information
13required by the Department of Justice for the purposes of obtaining
14information as to the existence and content of a record of an
15out-of-state or federal conviction or arrest of a person or
16information regarding any out-of-state or federal crimes or arrests
17for which the Department of Justice establishes that the person is
18free on bail, or on his or her own recognizance pending trial or
19appeal. The Department of Justice shall forward to the Federal
20Bureau of Investigation any requests for federal summary criminal
21history information received pursuant to this section. The
22Department of Justice shall review the information returned from
23the Federal Bureau of Investigation and shall compile and
24disseminate a response to the department, county adoption agency,
25or licensed adoption agency.

26(b) Notwithstanding subdivision (c), the criminal record, if any,
27shall be taken into consideration when evaluating the prospective
28adoptive parent, and an assessment of the effects of any criminal
29history on the ability of the prospective adoptive parent to provide
30adequate and proper care and guidance to the child shall be
31included in the report to the court.

32(c) (1) The department, county adoption agency, or licensed
33adoption agency shall not give final approval for an adoptive
P4    1placement in any home in which the prospective adoptive parent
2or any adult living in the prospective adoptive home has either of
3the following:

4(A) A felony conviction for child abuse or neglect, spousal
5abuse, crimes against a child, including child pornography, or for
6a crime involving violence, including rape, sexual assault, or
7homicide, but not including other physical assault and battery. For
8purposes of this subdivision, crimes involving violence means
9those violent crimes contained in clause (i) of subparagraph (A),
10and subparagraph (B), of paragraph (1) of subdivision (g) of
11Section 1522 of the Health and Safety Code.

12(B) A felony conviction that occurred within the last five years
13for physical assault, battery, or a drug- or alcohol-related offense.

14(2) This subdivision shall become operative on October 1, 2008,
15and shall remain operative only to the extent that compliance with
16its provisions is required by federal law as a condition of receiving
17funding under Title IV-E of the federal Social Security Act (42
18U.S.C. Sec. 670 et seq.).

19(d) Any fee charged by a law enforcement agency for
20fingerprinting or for checking or obtaining the criminal record of
21the applicant shall be paid by the applicant. The department, county
22adoption agency, or licensed adoption agency may defer, waive,
23or reduce the fee when its payment would cause economic hardship
24to prospective adoptive parents detrimental to the welfare of the
25adopted child, when the child has been in the foster care of the
26prospective adoptive parents for at least one year, or if necessary
27for the placement of a special-needs child.

28begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 8712 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

29

8712.  

(a) begin insert(1)end insertbegin insertend insert The department, county adoption agency, or
30licensed adoption agency shall require each person who files an
31application for adoption to be fingerprinted and shall secure from
32an appropriate law enforcement agency any criminal record of that
33person to determine whether the person has ever been convicted
34of a crime other than a minor traffic violation. The department,
35county adoption agency, or licensed adoption agency may also
36secure the person’s full criminal record, ifbegin delete any, with the exception
37of any convictions for which relief has been granted pursuant to
38Section 1203.49 of the Penal Code.end delete
begin insert any.end insert Any federal-level criminal
39offender record requests to the Department of Justice shall be
40submitted with fingerprint images and related information required
P5    1by the Department of Justice for the purposes of obtaining
2information as to the existence and content of a record of an
3out-of-state or federal conviction or arrest of a person or
4information regarding any out-of-state or federal crimes or arrests
5for which the Department of Justice establishes that the person is
6free on bail, or on his or her own recognizance pending trial or
7appeal. The Department of Justice shall forward to the Federal
8Bureau of Investigation any requests for federal summary criminal
9history information received pursuant to this section. The
10Department of Justice shall review the information returned from
11the Federal Bureau of Investigation and shall compile and
12disseminate a response to the department, county adoption agency,
13or licensed adoption agency.

begin insert

14
(2) The department, county adoption agency, or licensed
15adoption agency may obtain arrest or conviction records or reports
16from any law enforcement agency as necessary to the performance
17of its duties, as provided in this section.

end insert

18(b) Notwithstanding subdivision (c), the criminal record, if any,
19shall be taken into consideration when evaluating the prospective
20adoptive parent, and an assessment of the effects of any criminal
21history on the ability of the prospective adoptive parent to provide
22adequate and proper care and guidance to the child shall be
23included in the report to the court.

24(c) (1) The department, county adoption agency, or licensed
25adoption agency shall not give final approval for an adoptive
26placement in any home in which the prospective adoptive parent
27or any adult living in the prospective adoptive home has either of
28the following:

29(A) A felony conviction for child abuse or neglect, spousal
30abuse, crimes against a child, including child pornography, or for
31a crime involving violence, including rape, sexual assault, or
32homicide, but not including other physical assault and battery. For
33purposes of this subdivision, crimes involving violence means
34those violent crimes contained in clause (i) of subparagraph (A),
35and subparagraph (B), of paragraph (1) of subdivision (g) of
36Section 1522 of the Health and Safety Code.

37(B) A felony conviction that occurred within the last five years
38for physical assault, battery, or a drug- or alcohol-related offense.

39(2) This subdivision shall become operative on October 1, 2008,
40and shall remain operative only to the extent that compliance with
P6    1its provisions is required by federal law as a condition of receiving
2funding under Title IV-E of the federal Social Security Act (42
3U.S.C. Sec. 670 et seq.).

4(d) Any fee charged by a law enforcement agency for
5fingerprinting or for checking or obtaining the criminal record of
6the applicant shall be paid by the applicant. The department, county
7adoption agency, or licensed adoption agency may defer, waive,
8or reduce the fee when its payment would cause economic hardship
9to prospective adoptive parents detrimental to the welfare of the
10adopted child, when the child has been in the foster care of the
11prospective adoptive parents for at least one year, or if necessary
12for the placement of a special-needs child.

13

SEC. 2.  

Section 8811 of the Family Code is amended to read:

14

8811.  

(a) The department or delegated county adoption agency
15shall require each person who files an adoption petition to be
16fingerprinted and shall secure from an appropriate law enforcement
17agency any criminal record of that person to determine whether
18the person has ever been convicted of a crime other than a minor
19traffic violation. The department or delegated county adoption
20agency may also secure the person’s full criminal record, if any.
21Any federal-level criminal offender record requests to the
22Department of Justice shall be submitted with fingerprint images
23and related information required by the Department of Justice for
24the purposes of obtaining information as to the existence and
25content of a record of an out-of-state or federal conviction or arrest
26of a person or information regarding any out-of-state or federal
27crimes or arrests for which the Department of Justice establishes
28that the person is free on bail, or on his or her own recognizance
29pending trial or appeal. The Department of Justice shall forward
30to the Federal Bureau of Investigation any requests for federal
31summary criminal history information received pursuant to this
32section. The Department of Justice shall review the information
33returned from the Federal Bureau of Investigation and shall compile
34and disseminate a response to the department or delegated county
35adoption agency.

36(b) Notwithstanding subdivision (c), the criminal record, if any,
37shall be taken into consideration when evaluating the prospective
38adoptive parent, and an assessment of the effects of any criminal
39history on the ability of the prospective adoptive parent to provide
P7    1adequate and proper care and guidance to the child shall be
2included in the report to the court.

3(c) (1) The department or a delegated county adoption agency
4shall not give final approval for an adoptive placement in any home
5in which the prospective adoptive parent or any adult living in the
6prospective adoptive home has either of the following:

7(A) A felony conviction for child abuse or neglect, spousal
8abuse, crimes against a child, including child pornography, or for
9a crime involving violence, including rape, sexual assault, or
10homicide, but not including other physical assault and battery. For
11purposes of this subdivision, crimes involving violence means
12those violent crimes contained in clause (i) of subparagraph (A),
13and subparagraph (B), of paragraph (1) of subdivision (g) of
14Section 1522 of the Health and Safety Code.

15(B) A felony conviction that occurred within the last five years
16for physical assault, battery, or a drug- or alcohol-related offense.

17(2) This subdivision shall become operative on October 1, 2008,
18and shall remain operative only to the extent that compliance with
19its provisions is required by federal law as a condition of receiving
20funding under Title IV-E of the federal Social Security Act (42
21U.S.C. 670 et seq.).

22(d) Any fee charged by a law enforcement agency for
23fingerprinting or for checking or obtaining the criminal record of
24the petitioner shall be paid by the petitioner. The department or
25delegated county adoption agency may defer, waive, or reduce the
26fee when its payment would cause economic hardship to the
27prospective adoptive parents detrimental to the welfare of the
28adopted child, when the child has been in the foster care of the
29prospective adoptive parents for at least one year, or if necessary
30for the placement of a special-needs child.

31

SEC. 3.  

Section 8908 of the Family Code is amended to read:

32

8908.  

(a) A licensed adoption agency shall require each person
33filing an application for adoption to be fingerprinted and shall
34secure from an appropriate law enforcement agency any criminal
35record of that person to determine whether the person has ever
36been convicted of a crime other than a minor traffic violation. The
37licensed adoption agency may also secure the person’s full criminal
38record, if any. Any federal-level criminal offender record requests
39to the Department of Justice shall be submitted with fingerprint
40images and related information required by the Department of
P8    1Justice for the purposes of obtaining information as to the existence
2and content of a record of an out-of-state or federal conviction or
3arrest of a person or information regarding any out-of-state or
4federal crimes or arrests for which the Department of Justice
5establishes that the person is free on bail, or on his or her own
6recognizance pending trial or appeal. The Department of Justice
7shall forward to the Federal Bureau of Investigation any requests
8for federal summary criminal history information received pursuant
9to this section. The Department of Justice shall review the
10information returned from the Federal Bureau of Investigation and
11shall compile and disseminate a fitness determination to the
12licensed adoption agency.

13(b) Notwithstanding subdivision (c), the criminal record, if any,
14shall be taken into consideration when evaluating the prospective
15adoptive parent, and an assessment of the effects of any criminal
16history on the ability of the prospective adoptive parent to provide
17adequate and proper care and guidance to the child shall be
18included in the report to the court.

19(c) (1) A licensed adoption agency shall not give final approval
20for an adoptive placement in any home in which the prospective
21adoptive parent, or any adult living in the prospective adoptive
22home, has a felony conviction for either of the following:

23(A) Any felony conviction for child abuse or neglect, spousal
24abuse, crimes against a child, including child pornography, or for
25a crime involving violence, including rape, sexual assault, or
26homicide, but not including other physical assault and battery. For
27purposes of this subdivision, crimes involving violence means
28those violent crimes contained in clause (i) of subparagraph (A),
29and subparagraph (B), of paragraph (1) of subdivision (g) of
30Section 1522 of the Health and Safety Code.

31(B) A felony conviction that occurred within the last five years
32for physical assault, battery, or a drug- or alcohol-related offense.

33(2) This subdivision shall become operative on October 1, 2008,
34and shall remain operative only to the extent that compliance with
35its provisions is required by federal law as a condition of receiving
36funding under Title IV-E of the federal Social Security Act (42
37U.S.C. 670 et seq.).

38(d) Any fee charged by a law enforcement agency for
39fingerprinting or for checking or obtaining the criminal record of
40the applicant shall be paid by the applicant. The licensed adoption
P9    1agency may defer, waive, or reduce the fee when its payment would
2cause economic hardship to the prospective adoptive parents
3detrimental to the welfare of the adopted child.

4

SEC. 4.  

Section 236.1 of the Penal Code is amended to read:

5

236.1.  

(a) A person who deprives or violates the personal
6liberty of another with the intent to obtain forced labor or services,
7is guilty of human trafficking and shall be punished by
8imprisonment in the state prison for 5, 8, or 12 years and a fine of
9not more than five hundred thousand dollars ($500,000).

10(b) A person who deprives or violates the personal liberty of
11another with the intent to effect or maintain a violation of Section
12266, 266h, 266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5,
13311.6, or 518 is guilty of human trafficking and shall be punished
14by imprisonment in the state prison for 8, 14, or 20 years and a
15fine of not more than five hundred thousand dollars ($500,000).

16(c) A person who causes, induces, or persuades, or attempts to
17cause, induce, or persuade, a person who is a minor at the time of
18commission of the offense to engage in a commercial sex act, with
19the intent to effect or maintain a violation of Section 266, 266h,
20266i, 266j, 267, 311.1, 311.2, 311.3, 311.4, 311.5, 311.6, or 518
21is guilty of human trafficking. A violation of this subdivision is
22punishable by imprisonment in the state prison as follows:

23(1) Five, 8, or 12 years and a fine of not more than five hundred
24thousand dollars ($500,000).

25(2) Fifteen years to life and a fine of not more than five hundred
26thousand dollars ($500,000) when the offense involves force, fear,
27fraud, deceit, coercion, violence, duress, menace, or threat of
28unlawful injury to the victim or to another person.

29(d) In determining whether a minor was caused, induced, or
30persuaded to engage in a commercial sex act, the totality of the
31circumstances, including the age of the victim, his or her
32relationship to the trafficker or agents of the trafficker, and any
33handicap or disability of the victim, shall be considered.

34(e) Consent by a victim of human trafficking who is a minor at
35the time of the commission of the offense is not a defense to a
36criminal prosecution under this section.

37(f) Mistake of fact as to the age of a victim of human trafficking
38who is a minor at the time of the commission of the offense is not
39a defense to a criminal prosecution under this section.

P10   1(g) The Legislature finds that the definition of human trafficking
2in this section is equivalent to the federal definition of a severe
3form of trafficking found in Section 7102(9) of Title 22 of the
4United States Code.

5(h) For purposes of this chapter, the following definitions apply:

6(1) “Coercion” includes a scheme, plan, or pattern intended to
7cause a person to believe that failure to perform an act would result
8in serious harm to or physical restraint against any person; the
9abuse or threatened abuse of the legal process; debt bondage; or
10providing and facilitating the possession of a controlled substance
11to a person with the intent to impair the person’s judgment.

12(2) “Commercial sex act” means sexual conduct on account of
13which anything of value is given or received by a person.

14(3) “Deprivation or violation of the personal liberty of another”
15includes substantial and sustained restriction of another’s liberty
16accomplished through force, fear, fraud, deceit, coercion, violence,
17duress, menace, or threat of unlawful injury to the victim or to
18another person, under circumstances where the person receiving
19or apprehending the threat reasonably believes that it is likely that
20the person making the threat would carry it out.

21(4) “Duress” includes a direct or implied threat of force,
22violence, danger, hardship, or retribution sufficient to cause a
23reasonable person to acquiesce in or perform an act which he or
24she would otherwise not have submitted to or performed; a direct
25or implied threat to destroy, conceal, remove, confiscate, or possess
26 an actual or purported passport or immigration document of the
27victim; or knowingly destroying, concealing, removing,
28confiscating, or possessing an actual or purported passport or
29immigration document of the victim.

30(5) “Forced labor or services” means labor or services that are
31performed or provided by a person and are obtained or maintained
32through force, fraud, duress, or coercion, or equivalent conduct
33that would reasonably overbear the will of the person.

34(6) “Great bodily injury” means a significant or substantial
35physical injury.

36(7) “Human trafficking victim” means a person who is a victim
37of any of the acts described in subdivision (a), (b), or (c).

38(8) “Minor” means a person less than 18 years of age.

39(9) “Serious harm” includes any harm, whether physical or
40nonphysical, including psychological, financial, or reputational
P11   1harm, that is sufficiently serious, under all the surrounding
2circumstances, to compel a reasonable person of the same
3background and in the same circumstances to perform or to
4continue performing labor, services, or commercial sexual acts in
5order to avoid incurring that harm.

6(10) “Nonviolent crime” means any crime or offense other than
7murder, attempted murder, voluntary manslaughter, mayhem,
8kidnapping, rape, robbery, arson, carjacking, or any other violent
9felony as defined in subdivision (c) of Section 667.5.

10(i) The total circumstances, including the age of the victim, the
11relationship between the victim and the trafficker or agents of the
12trafficker, and any handicap or disability of the victim, shall be
13factors to consider in determining the presence of “deprivation or
14violation of the personal liberty of another,” “duress,” and
15“coercion” as described in this section.

16

SEC. 5.  

Section 236.24 is added to the Penal Code, to read:

17

236.24.  

(a) An individual convicted of a nonviolent crime
18committed while that individual was a human trafficking victim
19may apply to the court in which the conviction was entered to
20vacate the conviction if the individual is not in custody and has
21either not been convicted of any crime for the two years
22immediately preceding the application or has successfully
23completed probation for the nonviolent crime. The court may grant
24the application on a finding that the applicant’s participation in
25the nonviolent crime was a direct result of the applicant being a
26human trafficking victim.

27(b) The court may, with the agreement of the applicant and all
28involved state or local prosecutorial agencies, consolidate into one
29hearing a petition with respect to multiple convictions from
30different jurisdictions.

31(c) Subject to subdivision (d), the application shall identify the
32applicant, the offense for which vacatur is sought, and the court
33in which the conviction was entered. The applicant shall describe
34in the application, which shall be submitted under penalty of
35perjury, all the available grounds and evidence for vacatur of the
36conviction known to the applicant.

37(d) To maintain the confidentiality of the applicant’s status as
38a human trafficking victim, the application may be filed identifying
39the applicant by initials in any publicly available filing relating to
40the application. The applicant shall submit all evidence under
P12   1penalty of perjury supporting the application that contains personal
2identifying information to the court under seal along with a
3statement under penalty of perjury confirming his or her identity.

4(e) The application and all supporting evidence, including,
5without limitation, the identity statement and evidence submitted
6under penalty of perjury and under seal, shall be served on the
7state or local prosecutorial agency that obtained the conviction for
8which the applicant seeks vacatur. The state or local prosecutorial
9agency shall have 45 days for the date of receipt of service to
10oppose the application.

11(f) If opposition to the application is not filed by the applicable
12state or local prosecutorial agency, the court shall deem the
13application unopposed and shall grant the application. If the
14application is opposed, the court shall hold a hearing on the
15application, at which time the applicant may be required to testify.

16(g) If the court finds, based on clear and convincing evidence,
17that the applicant’s participation in the nonviolent crime was a
18direct result of the applicant being a victim of human trafficking,
19the court may grant the application and vacate the conviction,
20strike the adjudication of guilt, and order the relief specified in
21Section 236.25.

22(h) If the court denies the application because the evidence is
23insufficient to establish grounds for vacatur, the denial may be
24without prejudice. If the court denies the application without
25prejudice, it may state the reasons for its denial in writing or on
26the record that is memorialized by transcription, audio recording,
27or video recording and, if those reasons are based on curable
28deficiencies in the application, allow the applicant a reasonable
29time period to cure the deficiencies upon which the court based
30the denial.

31(i) An individual determined to be a ward of the juvenile court
32in a proceeding pursuant to Section 602 of the Welfare and
33Institutions Code as a result of a nonviolent crime committed while
34that individual was a human trafficking victim may apply to the
35juvenile court that made that determination to have the
36determination set aside if the individual has not had a sustained
37petition for any crime or been convicted of any crime for one year
38prior to the date of application. The court may grant the application
39upon making a finding, based on clear and convincing evidence,
40that the applicant’s participation in the offense on the proceeding
P13   1 was a direct result of the applicant being a human trafficking
2victim. Upon making the finding, the court may order the relief
3prescribed in Section 786 of the Welfare and Institutions Code.

4(j) In making a determination on an application under either
5subdivision (a) or (i), the court may consider any evidence it deems
6of sufficient credibility and probative value, including the sworn
7statement of the applicant presented under penalty of perjury. If
8opposition to the application is not filed by the applicable state or
9local prosecutorial agency, the court may deem the application
10unopposed. The applicant’s statement alone may be sufficient
11evidence to support the vacating of a conviction, provided the court
12finds that the statement is credible.

13(k) If the application is opposed, the court shall hold a hearing
14on the application, at which time the applicant may be required to
15testify and be subject to cross examination. A petitioner, or his or
16her attorney, may be excused from appearing in person at a hearing
17for relief pursuant to this section only if the court finds a
18compelling reason why the petitioner cannot attend the hearing,
19in which case the petitioner may appear telephonically, by
20videoconference, or by other electronic means established by the
21court.

22(l) Evidence in support of granting an application may also
23include, but is not limited to, all of the following:

24(1) Certified records of a federal, state, tribal, or local court or
25governmental agency documenting the person’s status as a victim
26of human trafficking at the time of the offense, including
27identification of a victim of human trafficking by a peace officer
28pursuant to Section 236.2 and certified records of approval notices
29or enforcement certifications generated from federal immigration
30proceedings, create a rebuttable presumption that an offense was
31committed by the defendant as a direct result of being a human
32trafficking victim.

33(2) A sworn statement from a trained professional staff member
34of a victim services organization, an attorney, a member of the
35clergy, or a medical or other professional from whom the defendant
36has sought assistance in addressing the trauma associated with
37being trafficked.

38(m) The court may grant an application made under subdivision
39(a) or (i) if the conviction or adjudication was based on a crime
40constituting or arising from a commercial sex act, including
P14   1violation of subdivision (b) of Section 647 or Section 653.22, upon
2a finding that the applicant was under the age of 18 years at the
3time of the offense on which the conviction is based.

4(n) This section and the rights and remedies granted to victims
5of human trafficking hereunder apply to any conviction entered
6or adjudication made prior to or after January 1, 2017.

7

SEC. 6.  

Section 236.25 is added to the Penal Code, to read:

8

236.25.  

(a) For any charge, adjudication, or conviction for
9which a human trafficking victim was granted relief under Section
10236.24 of the Penal Code, the court shall order that all records in
11the case be sealed pursuant to Section 851.86 and shall grant the
12relief provided in subdivision (b) of Section 851.8.

13(b) The human trafficking victim shall be released from all
14penalties and disabilities resulting from the charge, adjudication,
15or conviction, and all actions and proceedings by law enforcement
16personnel, courts, or other government employees that led to the
17charge, adjudication, or conviction shall be deemed not to have
18occurred.

19(c) All of the following shall apply to a human trafficking victim
20granted relief pursuant to Section 236.24, or under any substantially
21equivalent statute of another jurisdiction:

22(1) The human trafficking victim may in all circumstances state
23that he or she has never been arrested for, charged with, or
24convicted of the crime that is the subject of the charge,
25adjudication, or conviction, including without limitation in response
26to questions on employment, housing, financial aid, or loan
27applications.

28(2) The human trafficking victim may not be denied rights or
29benefits, including, without limitation, employment, housing,
30financial aid, welfare, or a loan or other financial accommodation,
31based on the arrest, charge, adjudication, or conviction or the
32victim’s failure or refusal to disclose the existence of or information
33concerning those events.

34(3) The human trafficking victim may not be thereafter charged
35or convicted of perjury or otherwise of giving a false statement by
36reason of having failed to disclose or acknowledge the existence
37of the charge, adjudication, or conviction, or any arrest, charge,
38indictment, trial, or other proceedings related thereto.

39

SEC. 7.  

Section 1203.49 of the Penal Code is repealed.

40

SEC. 8.  

Section 11105 of the Penal Code is amended to read:

P15   1

11105.  

(a) (1) The Department of Justice shall maintain state
2summary criminal history information.

3(2) As used in this section:

4(A) “State summary criminal history information” means the
5master record of information compiled by the Attorney General
6pertaining to the identification and criminal history of any person,
7such as name, date of birth, physical description, fingerprints,
8photographs, dates of arrests, arresting agencies and booking
9numbers, charges, dispositions, and similar data about the person.

10(B) “State summary criminal history information” does not refer
11to records and data compiled by criminal justice agencies other
12than the Attorney General, nor does it refer to records of complaints
13to or investigations conducted by, or records of intelligence
14information or security procedures of, the office of the Attorney
15General and the Department of Justice.

16(b) The Attorney General shall furnish state summary criminal
17history information to any of the following, if needed in the course
18of their duties, provided that when information is furnished to
19assist an agency, officer, or official of state or local government,
20a public utility, or any other entity, in fulfilling employment,
21certification, or licensing duties, Chapter 1321 of the Statutes of
221974 and Section 432.7 of the Labor Code shall apply:

23(1) The courts of the state.

24(2) Peace officers of the state, as defined in Section 830.1,
25subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
26830.3, subdivision (a) of Section 830.31, and subdivisions (a) and
27(b) of Section 830.5.

28(3) District attorneys of the state.

29(4) Prosecuting city attorneys of any city within the state.

30(5) City attorneys pursuing civil gang injunctions pursuant to
31Section 186.22a, or drug abatement actions pursuant to Section
323479 or 3480 of the Civil Code, or Section 11571 of the Health
33and Safety Code.

34(6) Probation officers of the state.

35(7) Parole officers of the state.

36(8) A public defender or attorney of record when representing
37a person in proceedings upon a petition for a certificate of
38 rehabilitation and pardon pursuant to Section 4852.08.

39(9) A public defender or attorney of record when representing
40a person in a criminal case, or a parole, mandatory supervision
P16   1pursuant to paragraph (5) of subdivision (h) of Section 1170, or
2postrelease community supervision revocation or revocation
3extension proceeding, and if authorized access by statutory or
4decisional law.

5(10) Any agency, officer, or official of the state if the criminal
6history information is required to implement a statute or regulation
7that expressly refers to specific criminal conduct applicable to the
8subject person of the state summary criminal history information,
9and contains requirements or exclusions, or both, expressly based
10upon that specified criminal conduct. The agency, officer, or
11official of the state authorized by this paragraph to receive state
12summary criminal history information may also transmit fingerprint
13images and related information to the Department of Justice to be
14transmitted to the Federal Bureau of Investigation.

15(11) Any city or county, city and county, district, or any officer
16or official thereof if access is needed in order to assist that agency,
17officer, or official in fulfilling employment, certification, or
18licensing duties, and if the access is specifically authorized by the
19city council, board of supervisors, or governing board of the city,
20county, or district if the criminal history information is required
21to implement a statute, ordinance, or regulation that expressly
22refers to specific criminal conduct applicable to the subject person
23of the state summary criminal history information, and contains
24requirements or exclusions, or both, expressly based upon that
25specified criminal conduct. The city or county, city and county,
26district, or the officer or official thereof authorized by this
27paragraph may also transmit fingerprint images and related
28information to the Department of Justice to be transmitted to the
29Federal Bureau of Investigation.

30(12) The subject of the state summary criminal history
31information under procedures established under Article 5
32(commencing with Section 11120).

33(13) Any person or entity when access is expressly authorized
34by statute if the criminal history information is required to
35implement a statute or regulation that expressly refers to specific
36criminal conduct applicable to the subject person of the state
37summary criminal history information, and contains requirements
38or exclusions, or both, expressly based upon that specified criminal
39conduct.

P17   1(14) Health officers of a city, county, city and county, or district
2when in the performance of their official duties enforcing Section
3120175 of the Health and Safety Code.

4(15) Any managing or supervising correctional officer of a
5county jail or other county correctional facility.

6(16) Any humane society, or society for the prevention of cruelty
7to animals, for the specific purpose of complying with Section
814502 of the Corporations Code for the appointment of humane
9officers.

10(17) Local child support agencies established by Section 17304
11of the Family Code. When a local child support agency closes a
12support enforcement case containing summary criminal history
13information, the agency shall delete or purge from the file and
14destroy any documents or information concerning or arising from
15offenses for or of which the parent has been arrested, charged, or
16convicted, other than for offenses related to the parent’s having
17failed to provide support for minor children, consistent with the
18requirements of Section 17531 of the Family Code.

19(18) County child welfare agency personnel who have been
20delegated the authority of county probation officers to access state
21summary criminal history information pursuant to Section 272 of
22the Welfare and Institutions Code for the purposes specified in
23Section 16504.5 of the Welfare and Institutions Code. Information
24from criminal history records provided pursuant to this subdivision
25shall not be used for any purposes other than those specified in
26this section and Section 16504.5 of the Welfare and Institutions
27Code. When an agency obtains records obtained both on the basis
28of name checks and fingerprint checks, final placement decisions
29shall be based only on the records obtained pursuant to the
30fingerprint check.

31(19) The court of a tribe, or court of a consortium of tribes, that
32has entered into an agreement with the state pursuant to Section
3310553.1 of the Welfare and Institutions Code. This information
34may be used only for the purposes specified in Section 16504.5
35of the Welfare and Institutions Code and for tribal approval or
36tribal licensing of foster care or adoptive homes. Article 6
37(commencing with Section 11140) shall apply to officers, members,
38and employees of a tribal court receiving criminal record offender
39information pursuant to this section.

P18   1(20) Child welfare agency personnel of a tribe or consortium
2of tribes that has entered into an agreement with the state pursuant
3to Section 10553.1 of the Welfare and Institutions Code and to
4whom the state has delegated duties under paragraph (2) of
5subdivision (a) of Section 272 of the Welfare and Institutions Code.
6The purposes for use of the information shall be for the purposes
7specified in Section 16504.5 of the Welfare and Institutions Code
8and for tribal approval or tribal licensing of foster care or adoptive
9homes. When an agency obtains records on the basis of name
10checks and fingerprint checks, final placement decisions shall be
11based only on the records obtained pursuant to the fingerprint
12check. Article 6 (commencing with Section 11140) shall apply to
13child welfare agency personnel receiving criminal record offender
14information pursuant to this section.

15(21) An officer providing conservatorship investigations
16pursuant to Sections 5351, 5354, and 5356 of the Welfare and
17Institutions Code.

18(22) A court investigator providing investigations or reviews
19in conservatorships pursuant to Section 1826, 1850, 1851, or
202250.6 of the Probate Code.

21(23) A person authorized to conduct a guardianship investigation
22pursuant to Section 1513 of the Probate Code.

23(24) A humane officer pursuant to Section 14502 of the
24Corporations Code for the purposes of performing his or her duties.

25(25) A public agency described in subdivision (b) of Section
2615975 of the Government Code, for the purpose of oversight and
27enforcement policies with respect to its contracted providers.

28(c) The Attorney General may furnish state summary criminal
29history information and, when specifically authorized by this
30subdivision, federal level criminal history information upon a
31showing of a compelling need to any of the following, provided
32that when information is furnished to assist an agency, officer, or
33official of state or local government, a public utility, or any other
34entity in fulfilling employment, certification, or licensing duties,
35Chapter 1321 of the Statutes of 1974 and Section 432.7 of the
36 Labor Code shall apply:

37(1) Any public utility, as defined in Section 216 of the Public
38Utilities Code, that operates a nuclear energy facility when access
39is needed in order to assist in employing persons to work at the
40facility, provided that, if the Attorney General supplies the data,
P19   1he or she shall furnish a copy of the data to the person to whom
2the data relates.

3(2) To a peace officer of the state other than those included in
4subdivision (b).

5(3) To an illegal dumping enforcement officer as defined in
6subdivision (j) of Section 830.7.

7(4) To a peace officer of another country.

8(5) To public officers, other than peace officers, of the United
9States, other states, or possessions or territories of the United
10States, provided that access to records similar to state summary
11criminal history information is expressly authorized by a statute
12of the United States, other states, or possessions or territories of
13the United States if the information is needed for the performance
14of their official duties.

15(6) To any person when disclosure is requested by a probation,
16parole, or peace officer with the consent of the subject of the state
17summary criminal history information and for purposes of
18furthering the rehabilitation of the subject.

19(7) The courts of the United States, other states, or territories
20or possessions of the United States.

21(8) Peace officers of the United States, other states, or territories
22or possessions of the United States.

23(9) To any individual who is the subject of the record requested
24if needed in conjunction with an application to enter the United
25States or any foreign nation.

26(10) (A) (i) Any public utility, as defined in Section 216 of the
27Public Utilities Code, or any cable corporation as defined in
28subparagraph (B), if receipt of criminal history information is
29needed in order to assist in employing current or prospective
30employees, contract employees, or subcontract employees who,
31in the course of their employment, may be seeking entrance to
32private residences or adjacent grounds. The information provided
33shall be limited to the record of convictions and any arrest for
34which the person is released on bail or on his or her own
35recognizance pending trial.

36(ii) If the Attorney General supplies the data pursuant to this
37paragraph, the Attorney General shall furnish a copy of the data
38to the current or prospective employee to whom the data relates.

39(iii) Any information obtained from the state summary criminal
40history is confidential and the receiving public utility or cable
P20   1corporation shall not disclose its contents, other than for the
2purpose for which it was acquired. The state summary criminal
3history information in the possession of the public utility or cable
4corporation and all copies made from it shall be destroyed not
5more than 30 days after employment or promotion or transfer is
6denied or granted, except for those cases where a current or
7prospective employee is out on bail or on his or her own
8recognizance pending trial, in which case the state summary
9criminal history information and all copies shall be destroyed not
10more than 30 days after the case is resolved.

11(iv) A violation of this paragraph is a misdemeanor, and shall
12give the current or prospective employee who is injured by the
13violation a cause of action against the public utility or cable
14corporation to recover damages proximately caused by the
15violations. Any public utility’s or cable corporation’s request for
16state summary criminal history information for purposes of
17employing current or prospective employees who may be seeking
18entrance to private residences or adjacent grounds in the course
19of their employment shall be deemed a “compelling need” as
20required to be shown in this subdivision.

21(v) This section shall not be construed as imposing any duty
22upon public utilities or cable corporations to request state summary
23criminal history information on any current or prospective
24employees.

25(B) For purposes of this paragraph, “cable corporation” means
26any corporation or firm that transmits or provides television,
27 computer, or telephone services by cable, digital, fiber optic,
28satellite, or comparable technology to subscribers for a fee.

29(C) Requests for federal level criminal history information
30received by the Department of Justice from entities authorized
31pursuant to subparagraph (A) shall be forwarded to the Federal
32Bureau of Investigation by the Department of Justice. Federal level
33criminal history information received or compiled by the
34Department of Justice may then be disseminated to the entities
35referenced in subparagraph (A), as authorized by law.

36(D) (i) Authority for a cable corporation to request state or
37federal level criminal history information under this paragraph
38shall commence July 1, 2005.

P21   1(ii) Authority for a public utility to request federal level criminal
2history information under this paragraph shall commence July 1,
32005.

4(11) To any campus of the California State University or the
5University of California, or any four year college or university
6accredited by a regional accreditation organization approved by
7the United States Department of Education, if needed in
8conjunction with an application for admission by a convicted felon
9to any special education program for convicted felons, including,
10but not limited to, university alternatives and halfway houses. Only
11conviction information shall be furnished. The college or university
12may require the convicted felon to be fingerprinted, and any inquiry
13to the department under this section shall include the convicted
14felon’s fingerprints and any other information specified by the
15department.

16(12) To any foreign government, if requested by the individual
17who is the subject of the record requested, if needed in conjunction
18with the individual’s application to adopt a minor child who is a
19citizen of that foreign nation. Requests for information pursuant
20to this paragraph shall be in accordance with the process described
21in Sections 11122 to 11124, inclusive. The response shall be
22provided to the foreign government or its designee and to the
23individual who requested the information.

24(d) Whenever an authorized request for state summary criminal
25history information pertains to a person whose fingerprints are on
26file with the Department of Justice and the department has no
27criminal history of that person, and the information is to be used
28for employment, licensing, or certification purposes, the fingerprint
29card accompanying the request for information, if any, may be
30stamped “no criminal record” and returned to the person or entity
31making the request.

32(e) Whenever state summary criminal history information is
33furnished as the result of an application and is to be used for
34employment, licensing, or certification purposes, the Department
35of Justice may charge the person or entity making the request a
36fee that it determines to be sufficient to reimburse the department
37for the cost of furnishing the information. In addition, the
38Department of Justice may add a surcharge to the fee to fund
39maintenance and improvements to the systems from which the
40information is obtained. Notwithstanding any other law, any person
P22   1or entity required to pay a fee to the department for information
2received under this section may charge the applicant a fee sufficient
3to reimburse the person or entity for this expense. All moneys
4received by the department pursuant to this section, Sections
511105.3 and 26190, and former Section 13588 of the Education
6Code shall be deposited in a special account in the General Fund
7to be available for expenditure by the department to offset costs
8incurred pursuant to those sections and for maintenance and
9improvements to the systems from which the information is
10obtained upon appropriation by the Legislature.

11(f) Whenever there is a conflict, the processing of criminal
12fingerprints and fingerprints of applicants for security guard or
13alarm agent registrations or firearms qualification permits
14submitted pursuant to Section 7583.9, 7583.23, 7596.3, or 7598.4
15of the Business and Professions Code shall take priority over the
16processing of other applicant fingerprints.

17(g) It is not a violation of this section to disseminate statistical
18or research information obtained from a record, provided that the
19identity of the subject of the record is not disclosed.

20(h) It is not a violation of this section to include information
21obtained from a record in (1) a transcript or record of a judicial or
22 administrative proceeding or (2) any other public record if the
23inclusion of the information in the public record is authorized by
24a court, statute, or decisional law.

25(i) Notwithstanding any other law, the Department of Justice
26or any state or local law enforcement agency may require the
27submission of fingerprints for the purpose of conducting summary
28criminal history information checks that are authorized by law.

29(j) The state summary criminal history information shall include
30any finding of mental incompetence pursuant to Chapter 6
31(commencing with Section 1367) of Title 10 of Part 2 arising out
32of a complaint charging a felony offense specified in Section 290.

33(k) (1) This subdivision applies if state or federal summary
34criminal history information is furnished by the Department of
35Justice as the result of an application by an authorized agency or
36organization and the information is to be used for peace officer
37employment or certification purposes. As used in this subdivision,
38a peace officer is defined in Chapter 4.5 (commencing with Section
39830) of Title 3 of Part 2.

P23   1(2) Notwithstanding any other law, whenever state summary
2criminal history information is initially furnished pursuant to
3paragraph (1), the Department of Justice shall disseminate the
4following information:

5(A) Every conviction rendered against the applicant.

6(B) Every arrest for an offense for which the applicant is
7presently awaiting trial, whether the applicant is incarcerated or
8has been released on bail or on his or her own recognizance
9pending trial.

10(C) Every arrest or detention, except for an arrest or detention
11resulting in an exoneration, provided, however, that where the
12records of the Department of Justice do not contain a disposition
13for the arrest, the Department of Justice first makes a genuine effort
14to determine the disposition of the arrest.

15(D) Every successful diversion.

16(E) Every date and agency name associated with all retained
17peace officer or nonsworn law enforcement agency employee
18preemployment criminal offender record information search
19requests.

20(F) Sex offender registration status of the applicant.

21(l) (1) This subdivision shall apply whenever state or federal
22summary criminal history information is furnished by the
23Department of Justice as the result of an application by a criminal
24justice agency or organization as defined in Section 13101, and
25the information is to be used for criminal justice employment,
26licensing, or certification purposes.

27(2) Notwithstanding any other law, whenever state summary
28criminal history information is initially furnished pursuant to
29paragraph (1), the Department of Justice shall disseminate the
30following information:

31(A) Every conviction rendered against the applicant.

32(B) Every arrest for an offense for which the applicant is
33presently awaiting trial, whether the applicant is incarcerated or
34has been released on bail or on his or her own recognizance
35pending trial.

36(C) Every arrest for an offense for which the records of the
37Department of Justice do not contain a disposition or did not result
38in a conviction, provided that the Department of Justice first makes
39a genuine effort to determine the disposition of the arrest. However,
40information concerning an arrest shall not be disclosed if the
P24   1records of the Department of Justice indicate or if the genuine
2effort reveals that the subject was exonerated, successfully
3completed a diversion or deferred entry of judgment program, or
4the arrest was deemed a detention.

5(D) Every date and agency name associated with all retained
6peace officer or nonsworn law enforcement agency employee
7preemployment criminal offender record information search
8requests.

9(E) Sex offender registration status of the applicant.

10(m) (1) This subdivision shall apply whenever state or federal
11summary criminal history information is furnished by the
12Department of Justice as the result of an application by an
13authorized agency or organization pursuant to Section 1522,
141568.09, 1569.17, or 1596.871 of the Health and Safety Code, or
15any statute that incorporates the criteria of any of those sections
16or this subdivision by reference, and the information is to be used
17for employment, licensing, or certification purposes.

18(2) Notwithstanding any other provision of law, whenever state
19summary criminal history information is initially furnished
20pursuant to paragraph (1), the Department of Justice shall
21disseminate the following information:

22(A) Every conviction of an offense rendered against the
23 applicant.

24(B) Every arrest for an offense for which the applicant is
25presently awaiting trial, whether the applicant is incarcerated or
26has been released on bail or on his or her own recognizance
27pending trial.

28(C) Every arrest for an offense for which the Department of
29Social Services is required by paragraph (1) of subdivision (a) of
30Section 1522 of the Health and Safety Code to determine if an
31applicant has been arrested. However, if the records of the
32Department of Justice do not contain a disposition for an arrest,
33the Department of Justice shall first make a genuine effort to
34determine the disposition of the arrest.

35(D) Sex offender registration status of the applicant.

36(3) Notwithstanding the requirements of the sections referenced
37in paragraph (1) of this subdivision, the Department of Justice
38shall not disseminate information about an arrest subsequently
39deemed a detention or an arrest that resulted in either the successful
40completion of a diversion program or exoneration.

P25   1(n) (1) This subdivision shall apply whenever state or federal
2summary criminal history information, to be used for employment,
3licensing, or certification purposes, is furnished by the Department
4of Justice as the result of an application by an authorized agency,
5organization, or individual pursuant to any of the following:

6(A) Paragraph (10) of subdivision (c), when the information is
7to be used by a cable corporation.

8(B) Section 11105.3 or 11105.4.

9(C) Section 15660 of the Welfare and Institutions Code.

10(D) Any statute that incorporates the criteria of any of the
11statutory provisions listed in subparagraph (A), (B), or (C), or of
12this subdivision, by reference.

13(2) With the exception of applications submitted by
14transportation companies authorized pursuant to Section 11105.3,
15and notwithstanding any other law, whenever state summary
16criminal history information is initially furnished pursuant to
17paragraph (1), the Department of Justice shall disseminate the
18following information:

19(A) Every conviction rendered against the applicant for a
20violation or attempted violation of any offense specified in
21subdivision (a) of Section 15660 of the Welfare and Institutions
22Code. However, with the exception of those offenses for which
23registration is required pursuant to Section 290, the Department
24of Justice shall not disseminate information pursuant to this
25subdivision unless the conviction occurred within 10 years of the
26date of the agency’s request for information or the conviction is
27over 10 years old but the subject of the request was incarcerated
28within 10 years of the agency’s request for information.

29(B) Every arrest for a violation or attempted violation of an
30offense specified in subdivision (a) of Section 15660 of the Welfare
31and Institutions Code for which the applicant is presently awaiting
32trial, whether the applicant is incarcerated or has been released on
33bail or on his or her own recognizance pending trial.

34(C) Sex offender registration status of the applicant.

35(o) (1) This subdivision shall apply whenever state or federal
36summary criminal history information is furnished by the
37Department of Justice as the result of an application by an
38authorized agency or organization pursuant to Section 379 or 550
39of the Financial Code, or any statute that incorporates the criteria
40of either of those sections or this subdivision by reference, and the
P26   1information is to be used for employment, licensing, or certification
2purposes.

3(2) Notwithstanding any other law, whenever state summary
4criminal history information is initially furnished pursuant to
5paragraph (1), the Department of Justice shall disseminate the
6following information:

7(A) Every conviction rendered against the applicant for a
8violation or attempted violation of any offense specified in Section
9550 of the Financial Code.

10(B) Every arrest for a violation or attempted violation of an
11offense specified in Section 550 of the Financial Code for which
12the applicant is presently awaiting trial, whether the applicant is
13incarcerated or has been released on bail or on his or her own
14recognizance pending trial.

15(p) (1) This subdivision shall apply whenever state or federal
16criminal history information is furnished by the Department of
17Justice as the result of an application by an agency, organization,
18or individual not defined in subdivision (k), (l), (m), (n), or (o), or
19by a transportation company authorized pursuant to Section
2011105.3, or any statute that incorporates the criteria of that section
21or this subdivision by reference, and the information is to be used
22for employment, licensing, or certification purposes.

23(2) Notwithstanding any other law, whenever state summary
24criminal history information is initially furnished pursuant to
25paragraph (1), the Department of Justice shall disseminate the
26following information:

27(A) Every conviction rendered against the applicant.

28(B) Every arrest for an offense for which the applicant is
29presently awaiting trial, whether the applicant is incarcerated or
30has been released on bail or on his or her own recognizance
31pending trial.

32(C) Sex offender registration status of the applicant.

33(q) All agencies, organizations, or individuals defined in
34subdivisions (k), (l), (m), (n), (o), and (p) may contract with the
35Department of Justice for subsequent notification pursuant to
36Section 11105.2. This subdivision shall not supersede sections that
37mandate an agency, organization, or individual to contract with
38the Department of Justice for subsequent notification pursuant to
39Section 11105.2.

P27   1(r) This section does not require the Department of Justice to
2cease compliance with any other statutory notification
3requirements.

4(s) The provisions of Section 50.12 of Title 28 of the Code of
5Federal Regulations are to be followed in processing federal
6criminal history information.

7(t) Whenever state or federal summary criminal history
8information is furnished by the Department of Justice as the result
9of an application by an authorized agency, organization, or
10individual defined in subdivisions (k) to (p), inclusive, and the
11information is to be used for employment, licensing, or certification
12purposes, the authorized agency, organization, or individual shall
13expeditiously furnish a copy of the information to the person to
14whom the information relates if the information is a basis for an
15adverse employment, licensing, or certification decision. When
16furnished other than in person, the copy shall be delivered to the
17last contact information provided by the applicant.

18(u) State summary criminal history information compiled by
19the Attorney General and disseminated pursuant to this section
20shall exclude any charge or conviction for which relief has been
21granted pursuant to Section 236.24 or 236.25.

22begin insert

begin insertSEC. 9.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
23Section 8712 of the Family Code proposed by both this bill and
24Assembly Bill 1997. It shall only become operative if (1) both bills
25are enacted and become effective on or before January 1, 2017,
26(2) each bill amends Section 8712 of the Family Code, and (3) this
27bill is enacted after Assembly Bill 1997, in which case Section 1
28of this bill shall not become operative.

end insert
29

begin deleteSEC. 9.end delete
30
begin insertSEC. 10.end insert  

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.



O

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